FARRELL — A suppression hearing in a federal criminal case has been pushed back to January to allow prosecution and defense attorneys to review a newly discovered videotape.
Kardell Lowery, also known as Jamar Marks, 39, formerly of Farrell, faces a gun charge for an incident Dec. 1, 2007, when he allegedly ran from Southwest Mercer County Regional police and shot himself in the hand in Farrell.
Lowery’s attorney, David B. Chontos, Turtle Creek, Pa., filed a suppression motion alleging Lowery was illegally arrested, and that the 9 mm pistol and allegedly incriminating statements he made to police should be kept out of his trial.
A hearing had been set for Nov. 12.
Chontos has since filed a motion to delay the hearing. He said prosecutors recently learned that a videotape exists from that night that shows the inside of Roamers Hotel Bar, 204 Roemer Blvd., Farrell.
Police said they were called to Roamers with reports of a man fitting Lowery’s description who had a gun in his waistband, and encountered Lowery as he left the bar.
Chontos said he does not know what is on the tape or whether anything is shown that is of interest to either party in the case, but both sides need to review it.
U.S. District Court Judge Nora Barry Fischer, Pittsburgh, rescheduled the hearing for Jan. 25.
Chontos has not asked the judge to suppress evidence in two drug buys Lowery also is charged with.
