Judge denies suppression motion in Scranton homicide case
Nov. 1—A Lackawanna County judge will not suppress a Scranton woman's statements to police before and after she became a suspect in the fatal stabbing of her fiancé last year.
A defense request to suppress statements made Eileen Dougherty, 42, was among a series of motions recently denied by Judge Andy Jarbola in advance of her upcoming trial on first-degree murder and other charges.
Dougherty is accused of stabbing George Shencavitz, 31, multiple times on March 3, 2021, during an argument that police say started in their Delaware Street home and continued outside, where the mortally wounded victim called 911 and identified Dougherty as his assailant as he pleaded for help.
Investigators alleged Dougherty cut herself to bolster a claim she acted in self-defense.
Dougherty spoke with police three times on the night of the stabbing: first at the scene, then at a hospital and finally at police headquarters.
In seeking to suppress the statements, Dougherty's attorney, Joseph D'Andrea, argued at a hearing in June that she was not given her Miranda warnings prior to speaking to police at the scene or at the hospital and that the statements she made at headquarters were coerced.
However, Jarbola found that Dougherty was not in custody and police believed her to be the victim of a crime, not a suspect, when she spoke to officers at the scene and at the hospital.
"As such, Miranda warnings were not necessary," the judge said.
Dougherty became a suspect only after city Detective Christian Gowarty learned Shencavitz died and he listened to the victim's 911 call, the judge said. Dougherty was then taken to police headquarters and advised of her Miranda rights before questioning.
Although police interrogation is inherently coercive, the judge said he was satisfied Dougherty voluntarily waived her rights to counsel and against self-incrimination before talking with detectives.
Jarbola also denied motions to quash charges of first- and third-degree murder and false reports to law enforcement against Dougherty, ruling prosecutors presented adequate evidence at the defendant's preliminary hearing to sustain them.
Dougherty's trial is now set for Feb. 21 after Jarbola granted a defense request for a continuance in an order last week. It was originally scheduled to begin Nov. 14.
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