solomon's words

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Stoltz of Coudersport, PA



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Thursday, November 6, 2008

Judge To Decide If Statements Can Be Used

WESB News: 11/06/08 - Hearing Concerning Fatal Accident

A judge says he'll decide later whether admission of a retired state trooper involved in an accident that killed a Bradford woman can be used during his trial.

68-year-old David O'Brien of Allegany is charged with criminally negilgent homicide and related offenses in conncection with the accident that killed 38-year-old Wendy Karnes on April 26. The accident happened in the Town of Carrollton on Route 219, just south of the I-86 on-ramp. They were both on their way to work at the Seneca Allegany Casino in Salamanca at the time of the accident.

The four-hour hearing centered on statements O'Brien made in the two hours after the accident. His attorney says they shouldn't be admissable in court because police didn't read him his Miranda rights. Prosecutors say O'Brien wasn't under arrest at the time he made the statements.

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