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Exclusion Sought
In a motion in limine filed January 12, 1983, Kidwell’s new attorneys, John Dowd and Rodney Leffler, asked that the following be excluded from evidence in the case:
(1) that Konick, without Kidwell’s knowledged, approval or acquiescence, wiped the shotgun clean of fingerprints on November 9.
(2) that he lied to the commonwealth’s attorney on two occasions prior to the indictment about how the shotgun was cleaned of fingerprints.
According to affidavits filed with the motion, Konick, the State Police and Sheriff W. A. Buntin arrived at the scene shortly after the shooting. About an hour later, the State Police requested the shotgun, which was in the Kidwell’s home. “Mr. Konick wiped off the shotgun and gave it to the State Police,” the motion states.
Between November 9 and December 8, Baumgardner queried Konick about the fact that the shotgun had been cleaned of fingerprints and asked Konick if he had any information about that fact, according to the affidavits. Konick did not report to the commonwealth’s attorney that he had wiped off the shotgun and did not advise Diane Kidwell, then his client, of the inquiries, the defense attorneys alledged in their motion.
“We were the first ones to ask him (about wiping fingerprints off the weapon) and he admitted it,” said defense counsel John Dowd in a telephone interview Monday. “We told Mr. Konick that he had to inform the commonwealth’s attorney or WE would bring it to
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