PITTSBURGH (KDKA) — The trial may be over for convicted cop killer Richard Poplawski, but both sides are still wrangling over the case.
Late yesterday, prosecutors filed a new motion asking the defense to return any physical evidence that they obtained when they reviewed the crime scene.
The motion comes on the heels of another one filed by the defense team asking for a new trial.
The most recent motion filed by the prosecution points to an inspection and review of the crime scene weeks after the shooting and lists a number of pieces of physical evidence in possession of the defense that prosecutors want back.
This latest move follows a defense motion for a new trial — claiming the judge erred in a number of procedures during the sentencing phase that prejudiced jurors.
The defense argues that jurors should not have heard Poplawski’s racial slurs during his 911 call to police, nor should they have heard of his review of a white pride website prior to the shootings.
Defense attorneys further alleged that Poplawski’s confession to Detective J.R. Smith should not have been allowed because Poplawski had invoked his right to a lawyer.
In that statement, Smith testified: “Poplawski said he shot the first officer with a shotgun and the officer fell backwards. Later, as the officer was lying on the ground, he shot him again in the neck and tried, unsuccessfully, to remove his service revolver.”
Most of the motions are routine and will be referred to Judge Jeffrey Manning.
Should the judge reject motions for a new trial, however, the wheels would be set in motion for a lengthy appeals process.