A motion filed by the attorney of the man charged with the February murder of Penn State senior Michael Donahue claims his client was drunk and seeks the suppression of statements he said to witnesses and police that night.
The motion states that because Josephy A. Ventura was intoxicated and not read his Miranda Rights, his statements made to police should be deemed inadmissible. It also requests that evidence -- namely the knife -- gathered the night Ventura was taken into custody be suppressed because police allegedly searched his jacket illegally.
Defense attorney Joseph Amendola filed the motion June 15. The motion also asks for an out-of-county jury or trial.
Amendola said Ventura claims that on Feb. 17 he had been drinking at Club Love, 129 1/2 S. Pugh St., and other bars previous to the fight that broke out in Club Love. That fight escalated to the stabbing of Donahue, who died two days later from a puncture wound to the heart.
The motion includes a request to suppress statements that witnesses claim Donahue made and consider them hearsay. The witnesses said Donahue claimed a "black dude" stabbed him.
But, Centre County District Attorney Michael Madeira said he has no evidence that Ventura was intoxicated to the point of not having control that night.
"The only evidence we have of intoxication is what the defendant says," Madeira said. He added that the bouncers and police officers said they did not believe Ventura was intoxicated, and he refused a Breathalyzer or blood-alcohol test.
Amendola said the defense would argue that Ventura's alleged state of intoxication is a legal basis for asking the court to give the jury instruction on voluntary manslaughter as opposed to first- and third-degree murder charges that have been weighed against him.
He said under law, a person cannot be convicted of first-degree murder if he or she is too intoxicated to think clearly, because intent cannot be formed.
"To put it simply, our defense is that he was very intoxicated when altercations happened and unfortunately someone was stabbed," Amendola said.
Madeira said voluntary manslaughter is not an appropriate charge based on the fact that Ventura had a knife and used it to stab Donahue in a vital area.
"That is evidence of intent," he said.
Amendola said the motion to either hold the trial in another county or have an out-of-county jury come in for the trial is due to pretrial publicity.
"We are asking for a change of venue and venire because of the anticipated publicity," he said. "It's tough to tell people not to read the papers or watch TV."
The motion included a request by the defense for a court-appointed toxicologist and private investigator for Ventura so that he can properly prepare for his case. The motion claims that since Ventura has been incarcerated, he has not been able to work and has less than $100 in his prison account.
A motion to exclude pictures of Donahue after his autopsy and to keep the prosecution from making any reference to the defendant's prior criminal record was also filed.
A date for the hearing has not yet been scheduled, Amendola said.
Madeira said he decided in May not to seek the death penalty against Ventura because none of the aggravating circumstances required by law to seek the death penalty exist in the case.
Ventura still faces life in prison if convicted of first-degree murder or a statutory maximum of 40 years in prison if convicted of third-degree murder.
Although the murder trial is currently scheduled to take place during the August court term, Madeira said it is unlikely a jury will be selected until October.
"My guess is that it will be continued because it's a homicide case to give the defense time to look through [everything]," he said.
Amendola said he expects to file a continuance mid-July.
At this point, Madeira said the prosecution does not plan on asking for a continuance, "but I understand the reality, and what the court is likely to grant."
