ORDER
AND NOW, this 8th day of September, 2008, at 12:05 o’clock p.m., upon review and consideration of the Defendant’s Omnibus Pretrial Motion, the Commonwealth’s Answer to said Motion, as well as the briefs and supplemental briefs filed in support of and in opposition to said Motion, and following hearing and argument held on July 8, 2008, July 24, 2008 and July 30, 2008, and for the reasons the forth in the attached Memorandum, it is hereby ORDERED AND DECREED as follows:
1. Defendant’s request for individual voir dire is hereby GRANTED.
2. Defendant’s Motion for change of venue/venire is held in abeyance pending this Court’s questioning of a panel of prospective jurors.
3. Defendant’s Motion in Limine regarding photographs is GRANTED IN PART AND DENIED IN PART. See Notes of Testimony taken on July 8, 2008.
4. Defendant’s Motion in Limine to prohibit use of the Defendants prior criminal record is GRANTED in that the Commonwealth stipulates and agrees that the Defendant has no prior criminal record.
5. Defendant’s Motion in Limine to prohibit use of the Defendant’s prior bad acts is GRANTED IN PART AND DENIED IN PART as is more fully set forth in the attached Memorandum.
6. Defendant’s Motion to Suppress oral and/or written statements is decided as follows:
A. Defense Counsel withdrew their challenge to Defendant’s oral statement to Pennsylvania investigators on May 15, 2007 at the Virginia Beach, Virginia Police Department.
B. Defense Counsel withdrew their challenge to Defendant’s oral statements to Pennsylvania investigators while en route from Virginia Beach, Virginia to Luzerne County, Pennsylvania, said statements being made in the vicinity of the Lehigh Valley Tunnel.
C. Defendant’s Motion to Suppress Defendant’s electronically recorded oral statements and conversations at Crabcatcher’s Restaurant in La Hoya, California on April 27, 2007 is hereby DENIED AND DISMISSED.
D. Defendant’s Motion to Suppress Defendant’s electronically recorded oral statements and conversations at Black Beach, San Diego, California on April 28, 2007 is hereby DENIED AND DISMISSED.
E. The Commonwealth and Defense Counsel agree that Defendant made no written statements.
7. Defendant’s Motion to Quash/Dismiss Information for lack of specificity is hereby DENIED AND DISMISSED.
8. Defendant’s Motion for Severance is DENIED AND DISMISSED.
9. Defendant’s Motion to Suppress physical evidence seized from Defendant’s residence at 1028 Stratem Court, Virginia Beach, Virginia is hereby DENIED AND DISMISSED.
10. Defendant’s Motion to Suppress physical evidence seized regarding Defendant’s e-mail accounts is DENIED AND DISMISSED.
11. Defendant’s Motion requesting the Court to instruct the jury as to the definition of life imprisonment at all levels of the pending proceeding is DENIED AND DISMISSED AS REQUESTED.
12. Defendant’s Motion to preclude the Commonwealth from seeking the death penalty as depriving the Defendant of an impartial jury is DENIED AND DISMISSED.
13. Defendant’s Motion requesting separate guilt phase and penalty phase jurors is DENIED AND DISMISSED.
14. Defendant’s challenge to Pennsylvania Jury Instructions alleging that a “death qualified jury” violates the Defendant’s rights to a fair and impartial trial in violation of Article I, Sections 6, 9 and 13 of the Pennsylvania Constitution and the 6, 8 and 14 Amendments to the United States Constitution is DENIED AND DISMISSED.
15. Defendant’s Motion to declare 42 Pa. C.S.A. §9711 et seq. unconstitutional and to bar imposition of the death penalty is DENIED AND DISMISSED.
16. Defendant’s Motion to preclude the Commonwealth from seeking the death penalty as cruel and unusual punishment is DENIED AND DISMISSED.
17. Defendant’s Motion to Dismiss Commonwealth’s Aggravating Circumstances is held in abeyance pending completion of the Guilt Phase of the within Trial.
18. Defendant’s Motion for Writ of Habeas Corpus is DENIED AND DISMISSED.
1. Defendant’s request for individual voir dire is hereby GRANTED.
2. Defendant’s Motion for change of venue/venire is held in abeyance pending this Court’s questioning of a panel of prospective jurors.
3. Defendant’s Motion in Limine regarding photographs is GRANTED IN PART AND DENIED IN PART. See Notes of Testimony taken on July 8, 2008.
4. Defendant’s Motion in Limine to prohibit use of the Defendants prior criminal record is GRANTED in that the Commonwealth stipulates and agrees that the Defendant has no prior criminal record.
5. Defendant’s Motion in Limine to prohibit use of the Defendant’s prior bad acts is GRANTED IN PART AND DENIED IN PART as is more fully set forth in the attached Memorandum.
6. Defendant’s Motion to Suppress oral and/or written statements is decided as follows:
A. Defense Counsel withdrew their challenge to Defendant’s oral statement to Pennsylvania investigators on May 15, 2007 at the Virginia Beach, Virginia Police Department.
B. Defense Counsel withdrew their challenge to Defendant’s oral statements to Pennsylvania investigators while en route from Virginia Beach, Virginia to Luzerne County, Pennsylvania, said statements being made in the vicinity of the Lehigh Valley Tunnel.
C. Defendant’s Motion to Suppress Defendant’s electronically recorded oral statements and conversations at Crabcatcher’s Restaurant in La Hoya, California on April 27, 2007 is hereby DENIED AND DISMISSED.
D. Defendant’s Motion to Suppress Defendant’s electronically recorded oral statements and conversations at Black Beach, San Diego, California on April 28, 2007 is hereby DENIED AND DISMISSED.
E. The Commonwealth and Defense Counsel agree that Defendant made no written statements.
7. Defendant’s Motion to Quash/Dismiss Information for lack of specificity is hereby DENIED AND DISMISSED.
8. Defendant’s Motion for Severance is DENIED AND DISMISSED.
9. Defendant’s Motion to Suppress physical evidence seized from Defendant’s residence at 1028 Stratem Court, Virginia Beach, Virginia is hereby DENIED AND DISMISSED.
10. Defendant’s Motion to Suppress physical evidence seized regarding Defendant’s e-mail accounts is DENIED AND DISMISSED.
11. Defendant’s Motion requesting the Court to instruct the jury as to the definition of life imprisonment at all levels of the pending proceeding is DENIED AND DISMISSED AS REQUESTED.
12. Defendant’s Motion to preclude the Commonwealth from seeking the death penalty as depriving the Defendant of an impartial jury is DENIED AND DISMISSED.
13. Defendant’s Motion requesting separate guilt phase and penalty phase jurors is DENIED AND DISMISSED.
14. Defendant’s challenge to Pennsylvania Jury Instructions alleging that a “death qualified jury” violates the Defendant’s rights to a fair and impartial trial in violation of Article I, Sections 6, 9 and 13 of the Pennsylvania Constitution and the 6, 8 and 14 Amendments to the United States Constitution is DENIED AND DISMISSED.
15. Defendant’s Motion to declare 42 Pa. C.S.A. §9711 et seq. unconstitutional and to bar imposition of the death penalty is DENIED AND DISMISSED.
16. Defendant’s Motion to preclude the Commonwealth from seeking the death penalty as cruel and unusual punishment is DENIED AND DISMISSED.
17. Defendant’s Motion to Dismiss Commonwealth’s Aggravating Circumstances is held in abeyance pending completion of the Guilt Phase of the within Trial.
18. Defendant’s Motion for Writ of Habeas Corpus is DENIED AND DISMISSED.
