Judge denies defense's request in D'Avolio case

Judge Michael Dwyer denied the defense’s request for suppression of evidence and identification on Wednesday, in the case of Jason D’Avolio.

Posted: Oct 23, 2019 12:34 PM
Updated: Oct 23, 2019 1:09 PM

ROME, N.Y. – Judge Michael Dwyer denied the defense’s request for suppression of evidence and identification on Wednesday, in the case of Jason D’Avolio.

D’Avolio is accused of fatally shooting his wife, Kerilee, and disposing of her body in a dumpster over the summer. In September, D’Avolio pleaded not guilty to charges of second-degree murder and concealment of a human corpse. The body was found in the Ava landfill in July.

The court is scheduling Huntley and Wade hearings to review how police obtained statements from the defendant and determine the validity of the identification process in this case.

The defense and prosecution will review phone recordings between D’Avolio and Kerilee ahead of the next hearing.

All parties are awaiting the autopsy results, and will return to court Nov. 6 to check on the status and receive reports if available.

The next hearing is scheduled for Nov. 22.

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