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Officers' lawyers want more evidence allowed in Miles trial

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Monday, Jan. 27, 2014, 2:09 p.m.
 

The federal judge presiding over a second jury trial in a Homewood man's lawsuit against three police officers should allow evidence that was disallowed in the first trial, lawyers for the officers argue in court documents filed Monday.

Jordan Miles, 22, claims that Pittsburgh officers Michael Saldutte and David Sisak, and then-Officer Richard Ewing, lacked probable cause and used excessive force when they arrested him on Jan. 12, 2010, on Tioga Street.

A jury deadlocked on those claims during the first trial but found for the officers on Miles' claim that they maliciously prosecuted him on charges later dropped. The second trial is scheduled for March 10.

In the first, U.S. District Judge Gary Lancaster ruled a neighbor's testimony about a gun magazine, never recovered, and bullets found near the scene of the struggle was inadmissible because nothing linked the magazine or bullets to Miles.

Lancaster cited the fact that police reported a bulge they spotted in Miles' jacket turned out to be a Mountain Dew bottle.

The officers' attorneys want U.S. District Judge David Cercone, who took over the case when Lancaster died, to allow the testimony.

Ewing became a McCandless police officer; Saldutte and Sisak remain on Pittsburgh's force. The officers deny Miles' claims.

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