MAHONING COUNTY Defense tries to block evidence in killing

Police should have seized the car immediately instead of waiting a day, the defense attorney said.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- The suspect in the death of a Struthers man does not want prosecutors to be able to use certain pieces of evidence at his trial.
Michael J. Hogan also says he was at his mother's house at the time of the crime, so he couldn't have done it.
Hogan, 37, whose address is listed by police as Forest Ridge Drive, Boardman, is being held in the Mahoning County Jail on charges of murder and aggravated robbery.
Authorities say that in May, he drove into a recycling drop-off area on South Avenue in Boardman, got out of his car and grabbed a purse from inside a car parked in front of his. The purse belonged to Louise Ruble of Struthers.
As Hogan ran back to his car, Mrs. Ruble's husband, John, attempted to stop him, police said.
According to court documents, Ruble was dragged by Hogan's car and his legs were run over as Hogan backed out of the driveway. Hogan then drove forward, driving over the 71-year-old man again, killing him, police said.
Defense attorney James T. Hartford filed a motion Tuesday asking that police and prosecutors not be allowed to use the car or any evidence taken from it in Hogan's trial. He says the evidence was obtained in an illegal search.
What happened
Hartford says police released the car to Hogan's girlfriend the evening of May 31, the same day Hogan was arrested. The woman drove the car to her home on Myrtle Avenue in Youngstown and parked it there.
The next day, Boardman police seized the car, a navy blue 1987 Cadillac Fleetwood, and had it towed to their evidence garage. Hartford says that was done without a warrant and without Hogan's consent.
A search warrant was issued three days later.
During the search, police found hairs and a belt loop stuck in the car's undercarriage. They believe the items came from Ruble.
Hartford says that during the time when the car was parked on Myrtle and the time police seized it, the car could have been tampered with and evidence taken or altered, which should taint any evidence taken from it.
He said police should have seized the car immediately instead of waiting a day.
Assistant Prosecutor Jay Macejko said he will look into Hartford's claims and file a response.
bjackson@vindy.com