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Judge rules on evidence motions before jury selection begins in Muddy Creek Township homicide trial

Daniel C. Lloyd

The jury in the trial of an Allegheny County man charged in the June 2022 death of an Ohio man will see the vehicle that police say was used in the Muddy Creek Township shooting, and might see part of a video of the suspect holding a gun that matches bullets recovered from the crime scene.

Some pretrial motions were resolved while decisions on others were deferred Wednesday morning, May 1, before jury selection began in the trial of Daniel C. Lloyd, 21, of Pitcairn, who is charged with homicide in the June 11, 2022, death of 32-year-old Frederick Orr of Columbus. Orr’s body was found along Kelly Road, which spans a little less than 2 miles between East Portersville and Yellow Creek roads.

Twelve jurors were selected, and selection of the four alternate jurors is scheduled for Thursday. The trial is scheduled to begin Monday.

After ruling on several pretrial motions last week, Common Pleas Court Judge Timothy McCune heard arguments on more motions Wednesday.

He ruled jurors will be allowed to look at the vehicle after assistant district attorney Ben Simon said state police will reinstall the right front interior door panel and other parts they removed during processing, and then remove the parts to allow jurors to see the vehicle both ways.

“This is were the killing took place,” Simon said.

Defense attorney Joseph Scioscia III objected, saying the vehicle won’t look like it did originally after police reinstall the parts.

Simon said the vehicle will be towed to a garage in the courthouse for the viewing.

McCune said prosecutors can’t show the jury a video purporting to show Lloyd stealing a .45-caliber Glock handgun from a gun shop in Verona, Allegheny County or say he has been charged with theft because the video and charges are too prejudicial. He said evidence that Lloyd possessed a .45-caliber Glock could be entered.

Assistant district attorney Robert Zanella suggested showing part of the video that shows Lloyd holding the gun.

McCune deferred ruling until prosecutors say how they intend to present the information.

In a previous hearing, Zanella said the Glock is one of two brands of guns that leave the same lands and groves on bullets as the bullets police recovered.

In another ruling, McCune said Scioscia can tell the jury that a prosecution witness is facing two felony charges, but can’t name the charges.

Simon said the witness will receive consideration in her felony case if she testifies truthfully.

McCune previously ruled that plea bargains and criminal records of any witness can be entered as evidence.

He deferred ruling on whether he will allow prosecutors to ask a potential witness about statements he made to police about Lloyd.

Simon said Richard Williams told police that Lloyd talked about killing people and listened to death rap music. He said he would ask Williams about those statements on cross examination if he testifies as a defense witness.

The homicide case against Lloyd’s former co-defendant Nicole L. Schwartz, 38, of Ellwood City, has been continued, and was severed from Lloyd’s case because she is testifying as a prosecution witness.

Police allege Schwartz picked up Orr, who she used to date, after he was released from jail. Lloyd was hiding in the back of the vehicle and Lloyd then shot Orr, police said. Orr’s body was found along the side of Kelly Road in the township, police said.

Lloyd and Schwartz are being held in the county prison without bail.

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