Judge hears requests in 2021 College Street homicide case
A defense attorney for the defendant in a December 2021 homicide case argued that several pieces of evidence should not be admissible at trial during a hearing on Friday, April 4.
Hassan L.R. Brack, is charged with one felony count each of criminal homicide, attempted robbery, burglary, conspiracy and criminal attempt in the shooting and stabbing death of Hakeem Moran, 31, following Moran’s death in Allegheny General Hospital after being transported from 109 College St., Butler.
Some of the evidence defense attorney Rebecca Black argued against includes a prior refusal to take a DNA test, a receipt from the state Department of Parole, screen shots of a Facebook Messenger conversation, phone location data and findings from a prior federal drug investigation.
Brack, 38, of Huntington; Kahlil Z.H. Rippy Jr., 25, of Butler and Brooke R. Fair Smith, 31, of Butler, have been charged with homicide and burglary in the Dec. 5, 2021, death of Moran, of Pittsburgh.
On Thursday, Butler County District Attorney Richard Goldinger said Rippy and Smith’s cases would be tried separately. He said Brack is the main suspect and he didn’t want to risk jurors getting confused about which evidence goes with which defendant.
One of Black’s leading arguments against many pieces of evidence, such as the DNA test refusal, parole receipt and mentions of the prior drug investigation would prejudice the jury against Brack.
Assistant district attorney Robert Zanella argued that certain evidence, such as the parole receipt and prior drug investigation’s findings, helped identify Brack as the suspect.
Common Pleas Court Judge Timothy McCune presided over the hearing and made rulings on some motions, such as allowing the parole receipt, but did not make final rulings on every motion. Some motions will be handled on the day of the trial.
In the matter of the prior drug investigation, McCune said he believes it to be both “probative” and “prejudicial” and asked the parties to make stipulations on the matter.
He commented that he had “a lot of homework” to do over the weekend leading up to the trial’s start on Monday.