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The defense is seeking to suppress more evidence in a 1991 Clinton County murder case.
The latest motion filed in Clinton County court on behalf of Loyd Groves contends the search of his desk at the former International Paper Co. mill was improper because it took place without his consent or a warrant.
A loaded .25-caliber handgun was among the items found in the desk, court documents state.
After a lengthy examination of arguments for and against, a presiding Clinton County judge has concluded that no rights were violated, and evidence will be allowed in the case against Loyd W. Groves, charged just last year for the murder of Katherine Dolan Heckel some 25 years ago.
In pre-trial motions and oral arguments, the attorneys for Groves focused on ammunition found in the defendant's van and a handgun found in his desk at International Paper Co. in Lock Haven all of those years ago.
Clinton County Senior Judge Carson V. Brown issued the ruling this week, dismissing both pre-trial motions while leaving the door open to an appeal to a higher court.
Katherine Dolan Heckel disappeared 25 years ago today, after leaving the International Paper mill at about noon on July 15, 1991.
Since then, state and local police, the FBI and other law enforcement agencies have actively worked on that riddle of disappearance for two and a half decades.
That work continues, but has now reached another level and another group of officials since the arrest of Loyd Groves on Jan. 29, 2015.
Groves, 65, a former local man who was living near Pittsburgh, was formally charged with killing Heckel and remains without bail in the Clinton County Correctional Facility awaiting trial.
Defense attorneys for Loyd W. Groves, charged more than 18 months ago in the murder of Katherine Dolan Heckel in 1991, are appealing a local court decision regarding key evidence in the case.
Lock Haven attorney David Lindsay filed a motion in Clinton County court on Thursday, appealing Judge Carson V. Brown's conclusion that no rights were violated when police obtained evidence Groves' van and when a handgun was found in his office desk at the former International Paper Co. plant.
Judge Brown issued his ruling on June 27, dismissing both pre-trial motions to suppress the evidence while leaving the door open to an appeal to a higher court.
The motions will now be heard by the Pennsylvania Superior Court.
A tentative trial date had been picked for September, about a year after the original date for jury selection. That jury selection had not yet taken place. Pre-trial motions have postponed the trial, and now it may be delayed until 2017.
The defense attorneys in the case held that the searches were illegal and anything found should be excluded from the trial. Clinton County Retired Judge Carson V. Brown heard those arguments and ruled against them one month ago, stating the searches did not violate Groves's rights.
The attorneys then appealed to the Superior Court of Pennsylvania, which may decide to hear their motions to suppress the evidence.
On Wednesday, in a brief hearing about potential trial dates, Brown said he would officially sign a stay of proceeding so the trial will not take place until the Superior Court has dealt with the appeal.
Defense attorney David Lindsay began Wednesday's hearing by saying the county court had chosen September for the trial without asking the attorneys involved. September would be pushing it for both sides of the case, he said.
Defense attorney David Lindsay made the request, telling the court that Groves suffered a heart attack on Oct. 10 and underwent open heart bypass surgery several days later.....Groves trial was scheduled for jury selection on Nov. 13, but Lindsay said his client is in no way physically capable of attending either the trial sitting in a courtroom for eight to 10 hours a day for two weeks or a Nov. 3 hearing to review in-camera dog tracking evidence.
Judge Brown said this is a valid reason to continue the case and he understands why the defendant would not be able to be present for the Nov. 13 trial.
As far as when the trial might be held, Lindsay said he had no recuperation time table and suggested a meeting in a month or so to evaluate Groves recovery and see if the trial can be rescheduled at that time.
Judge Brown set that meeting for 10:30 a.m. Nov. 17.
Loyd W. Groves, whose surgery was Oct. 10, attended Friday's status conference with visiting Lycoming County Senior Judge Kenneth D. Brown when jury selection was set for next June 18. Testimony is scheduled to begin June 25.
The defense Monday requested a continuance for the homicide trial of Loyd Groves, 68, because it has not had time to investigate evidence it just received from the prosecution.
It was revealed for the first time that Groves' former wife, Katherine, spoke with police. The contents of that interview were not disclosed.
Court Administrator Donald Powers said a mid-November is being considered as a new date for jury selection.
The mother of the Clinton County woman last seen 27 years ago says she is pleased prosecution of a suspect in her daughter's murder is finally happening.
"I've been very patient," Margaret Dolan said Tuesday after the deposition of a prosecution witness in the trial of Loyd Groves.
Jean Carter, also a secretary, testified she followed Heckel from the mill into a parking lot about noon that day and saw Groves sitting in the driver's seat of his van.
She started to wave but noticed Groves' face was red and he looked only at Heckel, she said. He appeared angry, she said.
That date sticks in her mind because it was the last time she saw Heckel, she testified.
Lycoming County Senior Judge Kenneth D. Brown has set Nov. 13 for jury selection that is expected to take most if not all week. Opening statements will follow.
Jury selection is expected to continue until the end of the week. The murder trial is scheduled to begin next Monday,