SOMERSET — A former Somerset County man facing homicide charges in the 1981 death of his wife was in county court Friday seeking to have the case dismissed.
John David Dawson, 60, of Jacksonville, Fla., was arrested in April and brought back to Pennsylvania to face charges in the brutal murder of his wife, Kathleen.
Judge John Cascio did not immediately rule on throwing out the charges or on a defense request that bail be set for Dawson’s release while awaiting trial.
The body of Kathleen Dawson, then 30, was found on Nov. 10, 1981, in her burned-out car along Cable Hill Road in Conemaugh Township, Somerset County. Investigators alleged that she was bludgeoned to death with a blackjack outside her car and then placed in the vehicle before it was torched.
State police think she was killed while traveling to her Boswell-area home after working a 3-to-11 p.m shift at Windber Hospital, where she was a nurse’s aide.
In addition to a general charge of criminal homicide, which includes first-degree murder, Dawson is charged with conspiracy to commit homicide and two arson offenses.
On Friday, attorney Joseph Policicchio, who represents Dawson, said that the case should be dismissed because the prosecution failed to provide sufficient evidence for his client to be held for court at a preliminary hearing in June.
In addition, Policicchio contended that state police and prosecutors had waited too long to file the murder charge because two witnesses who came forward to provide new evidence against Dawson were known to authorities at the time of the crime and original investigation.
But District Attorney Jerry Spangler maintained that the defense has no legal basis for the charges to be dismissed. He asked the judge to review the preliminary hearing transcript, which he said will show that District Judge Susan Mankamyer had enough evidence to hold all charges for court action.
Policicchio, in asking for bail, said that Dawson was being held improperly on the charges. But Spangler said that if the judge, in reviewing the testimony from the preliminary hearing, finds there is sufficient grounds for a first-degree murder charge, then bail must be denied under state law.
Spangler is not seeking a death sentence against Dawson, who would face an automatic life sentence without the possibility of parole if convicted of first-degree murder.
When Policicchio raised the issue of a change of venue for a jury from outside the county to try the case, Cascio said that the practice in Somerset County is to first attempt to select an impartial jury here.
The case had been set for trial in January, but with a number of pretrial motions still pending, Cascio continued the trial date until March.
Both attorneys agreed there are thousands of pages of records and documents to be reviewed from the police investigation before Policicchio will be able to raise specific issues in a suppression motion.
He also plans to file a motion to exclude other evidence, possibly including any from a coroner’s inquest in June 1982.
Spangler said that it was only in recent days that the transcript from the coroner’s inquest had been found.
Although Spangler suggested that an attorney had represented Dawson at the inquest and was allowed to question witnesses, Policicchio questioned how meaningful that could have been because Dawson did not attend the inquest.
The judge gave Spangler until Jan. 11 to have a list to the defense of all statements – verbal or written by Dawson – and any physical evidence seized from him and his property that may be used at trial.
Local News
Related Photos
-
Dawson Submitted Photo/The Tribune-Demo
Discussion
Defense wants old case tossed
- Local News
-
-
Lawsuit: Bedford County shooting not 'justified'
The widow of a man who a prosecutor determined committed “suicide by cop” by pointing a weapon at state police during a standoff is suing, claiming the shooting was not justified.
-
Book honors Flight 93 co-pilot Homer
The widow of Flight 93 copilot LeRoy W. Homer Jr. is releasing a book this month on the events of Sept. 11, 2001.
-
Mild winter speeds work: Entertainment venue may be complete by end of May
An unusually mild winter has accelerated construction of a new outdoor entertainment venue in Johnstown.
-
Blogging with heart
Although it was probably high school English classes that propelled by career, I always liked science and history – with some notable, teacher-personality-or-competence-related exceptions.
-
Man jailed on rash of charges
A Patton man is being held on $100,000 bond after police said he threatened to kill a woman, her family and himself unless she talked to him about a protection-from-abuse order.
-
Cambria abolishes 16 jobs
Following through on promises to cut budget costs, the Cambria County commissioners voted Thursday to abolish 16 positions, including nine full-time jobs.
-
Wozniak defends his support of drilling bill
State Sen. John Wozniak, D-Westmont, one of only seven Democrats to support the Marcellus Shale legislation adopted this week, said the bill protects the environment and provides help to local communities impacted by the natural gas drilling.
-
Businessman hoping to unseat Wozniak
Tim Houser uses two words – “challenging opportunity” – to describe his goal in this year’s elections.
-
Judge tosses evidence in robbery
A Cambria County prosecutor said he’ll have to drop robbery charges against a Twin Rocks woman after much of his evidence was suppressed by a judge.
-
Shooting defendant pleads to attempted murder
A Philadelphia man pleaded guilty Thursday in county court to attempted murder and theft in a Nov. 18 home invasion in which the homeowner was shot.
- More Local News Headlines
-
Lawsuit: Bedford County shooting not 'justified'
Denver's Largest-Ever Drug Bust Nets Dozens
Marines: No Punishment for Nazi-like Flag
Vets Look to Translate Military Skills Into Jobs
Expert: Removing LA School's Staff 'Appropriate'
Raw Video: School Bus Burst Into Flames
LA School Reopens Amid Sex Abuse Scandal
$25B Settlement Reached Over Foreclosure Abuses
Pentagon: Allow Women Closer to Front Lines
Obama Gives Education Waivers to 10 States
Giffords Aide to Run for Her Seat
LA School in Sex Abuse Scandal Reopens
Winter Slamming North Asia, Parts of Europe
Syrian Forces Renew Bombardment of Homs
States, Banks Reach Foreclosure-abuse Settlement
Raw Video: Italy's Mount Etna Bursts Into Life
Greeks March; Angry Despite Debt Deal
Raw Video: U.S. Pullout Celebration
Raw Video: Annual Empire State Building Run-Up
Man Killed in Courthouse Shootout
Air Force Airlines: Leaders Get Polished Service
