ORDER
AND NOW, this 8th day of September, 2008, at 12:05 p.m., upon review and consideration of the Defendant’s Omnibus Pretrial 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 set 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 Lirnine 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 Defendant’s 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. Defendant’s Motion to Suppress Defendant’s electronically recorded oral statements and conversations at Crab Catcher’s Restaurant in La Hoya, California on April 27, 2007 is hereby DENIED AND DISMISSED.
B. 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.
C. The Defendant’s Motion to Suppress Defendant’s oral statements to Corporal Leo Han non of the Pennsylvania State Police and to Special Agent James Glenn of the Federal Bureau of Investigation taken on May 15, 2007 at the Virginia Beach, Virginia Police Department is GRANTED and said statements are hereby SUPPRESSED.
D. 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 Challenging Pennsylvania’s Capital Sentencing Scheme specifically alleging that it creates a constitutionally impermissible barrier to individualized sentencing and fails to narrowly tailor and give adequate notice of the circumstances under which a sentence of death can be imposed is hereby DENIED AND DISMISSED.
12. Defendant’s Motion Challenging Pennsylvania’s Capital Sentencing Scheme for violating Article I, Sections 9, 10 and 13 of the Pennsylvania Constitution and the due process and cruel and unusual punishment clauses of the United States Constitution is hereby DENIED AND DISMISSED.
13. Defendant’s Motion Challenging Pennsylvania’s Capital Sentencing Scheme providing for the introduction of victim impact evidence alleging that it violates the fair trial, due process, equal protection and cruel and unusual punishment clauses of the United States Constitution and Article I, Sections 6, 9 and 13 of the Pennsylvania Constitution is DENIED AND DISMISSED.
14. Defendant’s Motion Challenging Pennsylvania’s Capital Sentencing Scheme for violations of procedural and substantive due process is DENIED AND DISMISSED.
15. Defendant’s Motion Challenging Pennsylvania’s Capital Sentencing Scheme for allegedly impairing the right to a trial by jury is DENIED AND DISMISSED.
16. Defendant’s Motion Challenging Pennsylvania’s Capital Punishment Scheme for employing the use of a lethal injection as a form of capital punishment for allegedly constituting cruel and unusual punishment is hereby DENIED AND DISMISSED.
17. Defendant’s Motion to Strike Commonwealth’s Aggravating Circumstances is held in abeyance pending completion of the Guilt Phase of the within Trial.
