Some, but not all, statements Joshua M. Lukach made to police during questioning in connection with an August 2015 killing of a Pottsville man resulted from violation of his Miranda rights and cannot be used against him, a Schuylkill County judge ruled Tuesday.
In a 42-page opinion, Judge Jacqueline L. Russell ruled Lukach, 19, of Pottsville, had asserted his right to remain silent, any questions asked after that were improper and the statements cannot be used against him.
“I am done talking” and “I have nothing to talk about” were unambiguous indications that Lukach wished to remain silent, which is his constitutional right, and Pottsville police Chief Richard F. Wojciechowsky should have stopped questioning him immediately, Russell wrote.
“An accused retains the right to invoke his privilege to remain silent at any time during an interrogation,” Russell wrote. “(Lukach) unambiguously asserted his privilege to remain silent. The invocation of his right ... was not ‘scrupulously honored,’ the interrogation continued uninterrupted with questions and representation meant to pressure (Lukach) into relinquishing his right.”
Similarly, prosecutors cannot use evidence seized as a result of the improper questioning, including Lukach’s shoes and items found in a storm drain, including a bank card, hat, shirt and sunglasses, according to Russell.
“Due to lack of proof on the issue, it cannot be found that the items would have ultimately or inevitably been so discovered,” she wrote.
However, police may use all statements Lukach made before invoking his right to remain silent and also may use the video from an automatic teller machine (ATM) because that would have been discovered by police work not related to Lukach’s suppressed statements, Russell wrote.
Russell’s ruling, which prosecutors have a right to appeal, could hamper the prosecution of Lukach for the death of John Brock.
Pottsville police alleged that in the early morning hours of Aug. 6, 2015, Lukach and Shavinskin N. Thomas entered Brock’s 14 S. 12th St. home, fatally stabbed him with a knife and a box-cutter knife and took his debit card, which they used at an ATM later that day in the city. Brock was the owner of the now-closed Pottsville Bike and Board Shop, 125 W. Market St.
Lukach and Thomas, 22, of Pottsville, each are charged with first-degree murder, second-degree murder, conspiracy, robbery, burglary, criminal trespass, theft, receiving stolen property, access device fraud, recklessly endangering another person, possessing instruments of crime and two counts of aggravated assault. Prosecutors are seeking the death penalty for each man.
In March, Russell ruled against Thomas in his request to suppress statements he made to police and evidence seized as a result of those statements.
However, Russell wrote in Tuesday’s opinion that Lukach’s assertion of his right to remain silent was unambiguous and police should not have resumed questioning him.
“(Lukach) did not reinitiate contact with Chief Wojciechowsky,” she wrote.
Russell also wrote that the seizure of Lukach’s shoes occurred after he asserted his right to remain silent, and prosecutors offered no evidence that they had any independent probable cause at that time to take them. The same is true for the bank card, hat, shirt and sunglasses found in the storm drain, according to Russell.
“The commonwealth bore the burden of proving that the items would have ultimately or inevitably been discovered by means independent of (Lukach’s) unconstitutionally obtained statements,” she wrote.
Defendant: Joshua M. Lukach
Age: 19
Residence: Pottsville
Charges: First-degree murder, second-degree murder, conspiracy, robbery, burglary, criminal trespass, theft, receiving stolen property, access device fraud, recklessly endangering another person, possessing instruments of crime and two counts of aggravated assault