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Triple Murder Suspect Wants Trial Moved From Scranton

Triple Murder Suspect Wants Trial Moved From Scranton - Thursday, August 13, 2009 at 6:20PM EST

Reported by: Eric Deabill
Thursday, Aug 13, 2009 @ 06:20pm EST
var images = new Array(); SCRANTON, LACKAWANNA COUNTY - An accused triple murder suspect was back in Lackawanna County court Thursday morning. Randal Rushing was back in front of a judge for pre-trial motions.

Attorneys for Rushing asked the judge for several different things. There are 17 issues in all that have to be dealt with. Rushing is accused of killing Justin Berrios, Dustin Hintz and Leslie Collier inside a home on South Irving Avenue in Scranton last July.

The first thing on the agenda was trying to get Rushing's triple murder trial moved out of Lackawanna County.

"There's been a lot of publicity and we felt it's going to be difficult for Randal to get a fair trial here in Lackawanna County," his defense attorney Paul Ackourey said.

The judge said the trial will proceed in Lackawanna County until jury selection, when they can find out if an impartial jury can be found.

Defense lawyers then turned their attention to statements that Rushing made to police.

"Obviously, every piece of evidence that we have in a case is important. I don't want to get into a specific discussion about strategy or why a statement is or isn't important. That will be determined at a trial," Assistant District Attorney Gene Talerico said.

Some of those statements revolve around what Rushing told Eyewitness News minutes after his arrest. He said the murders were "fun."

Other statements came during an interview with police detectives.

When asked if he hurt those kids, Rushing replied "yes."

Also, when Rushing was shown crime scene photos, Rushing allegedly said "I can't believe I did this."

Defense lawyers want it all thrown out.

"At the time that he gave those statements, he could not have voluntarily, knowingly or intelligently waived his rights," Ackourey said.

Many of the victim's families were in court Thursday. They say it was difficult to relive what happened.

"Anytime you have to continue to relive it, it's difficult. It brings back very difficult memories, but they've been very supportive," Talerico said.

The defense also tried to get cell phone records thrown out.

The judge did not rule on any of the motions. That probably won't happen until November. This case will likely not go to trial before the start of 2010.
 


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