During the hearing, Amendola withdrew a motion to suppress Donahue's statements after the stabbing. He argued Donahue's comment that he was stabbed by a "black dude" was not a dying declaration because Donahue didn't know he would die. The statements were ruled to be "excited utterances," which do not hold as much weight in court as a dying declaration.
A motion was also withdrawn to suppress a sample of Ventura's blood taken while in police custody the night of the incident. Police possessed a search warrant for the sample, but Amendola stated in the motion that there was not "legally sufficient probable cause to obtain a search warrant."
The defense conceded the search warrant was valid because blood was visible on the knife allegedly used to stab Donahue, Amendola said.
Amendola also withdrew a motion to suppress any statements made by Ventura on the night of the murder to State College Police Department officers or employees of Club Love. The defense originally said Ventura was not warned of his Miranda and other constitutional rights and was too drunk for his statements to be used in court.
"It is clear we cannot establish that [Ventura] was too intoxicated to make statements," Amendola said of his decision to withdraw the motion.
Ventura was too drunk that night and should not be convicted of first-degree murder, he added.
Both the defense and prosecution agreed to individual voir dire, which allows for individual interviews of each juror to eliminate prejudice, Centre County District Attorney Michael Madeira said.
Amendola said several decisions on remaining motions have been reserved for a future date, which will likely lead to the next court date, the pretrial conference on Sept. 14, to be rescheduled.
The judge will decide on the defense's argument that the knife found in Ventura's jacket was obtained illegally without a search warrant and that Ventura's background and criminal record also should be suppressed.
He also does not want autopsy photos of Donahue used in the case, but no ruling has been made because Madeira has not decided which photos he may use.
Kistler will also rule on Amendola's request for the jury to visit the bar area of Club Love.
Madeira said he thinks pictures and sketches will be sufficient to convey the circumstances of the night and it would be a waste of money to transport the jury to the scene of the crime.
Amendola said he would like a change of venue or venire if media coverage of the trial increases. A change of venue -- holding the trial in another county with a change of venire -- a jury not from Centre County -- would be important since the media tends to depict Donahue as a "good Samaritan" who did not actively participate in the altercation, he said.
