Court sets date to hear Witham-Jordan’s evidence suppression request
Justice Daniel Billings will hear 12 motions to suppress evidence next month in Lincoln County Unified Criminal Court regarding the Dec. 25, 2022 death of a 3-year-old Edgecomb girl. After a yearlong investigation, Tyler Witham-Jordan of Edgecomb and Livermore was arrested in the death of Makinzlee Handrahan and charged with depraved indifference murder.
In March, Witham-Jordan’s attorney filed seven motions regarding suppressing evidence. Additional suppression motions were filed in May, June and August by James Howaniec of Lewiston.
On Aug. 7, Howaniec confirmed hearings on the pending motions were scheduled for 8:30 a.m. on Tuesday, Sept. 24. Howaniec reported jury selection is set for Tuesday, Dec. 3 with the trial starting the day after a jury is seated.
In court documents, the defendant sought to suppress evidence regarding prior bad acts, an “irrelevant” Google search pertaining to rigor mortis, “irrelevant” evidence of a protection from abuse complaint, statements from a Livermore interview, limiting a paramedic’s testimony, evidence of opioid withdrawal, excluding DNA evidence, admissibility of Midcoast Child Advocacy Center interviews and possible child testimony, excluding photographs and evidence of the defendant’s blood and sperm, excluding evidence of alleged drug-related activity, evidence of alleged anger-related issues, defendant’s statements, and any other motions filed by parties In Limine (a pre-trial motion asking that certain evidence be found inadmissible).
A 14th motion was filed unrelated to suppressing evidence. Howaniec’s motion referred to a subpoena for production of documentary evidence by a non-party (Handrahan’s mother). In the court filing, Howaniec wrote “We are operating under the assumption that the return date on the subpoena is Sept. 24, and we will attempt to serve (her). I do not object to addressing this or any other motion out of order to accommodate her attorney’s schedule.”
One motion has already been granted, according to Howaniec: No. 6 Motion In Limine to authorize service of subpoena for production of documentary evidence by a non-party (Maine Department of Health and Human Services).
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