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Lawyers want to bar statements in fatal shooting

The defense lawyer for a McAdoo woman accused of shooting to death her husband last year wants her statements to police kept from jurors.

Prosecutors want to bar defense testimony from a battered woman expert and a derogatory remark about the victim by a state trooper.Schuylkill County Judge Cyrus Palmer Dolbin on Wednesday gave both sides until Aug. 16 to file papers on their requests.The defendant, Jane E. Schreiner, is expected to go to trial in September.Schreiner, 70, shot her husband of 19 years, Kenneth S. Schreiner, to death in the kitchen of their home on Aug. 4, 2016.At issue was whether she did it deliberately, impulsively while in a fit of rage or by accident.She's charged with first-degree murder, criminal homicide, third-degree murder, voluntary manslaughter, aggravated assault, terroristic threats, possessing instruments of crime, and recklessly endangering another person.Schreiner remains in the county prison without bail.Her lawyer, Joseph P. Nahas, grilled two state troopers and a McAdoo police officer, all called to the witness stand by Deputy Assistant District Attorney Jennifer N. Foose.Nahas' questions focused on the circumstances under which Schreiner spoke to police, whether she felt intimidated, was in shock, or fully understood the impact of what she was saying.McAdoo police officer Justin C. Farley was the first to arrive, and said he spoke very little with Schreiner, who was in her bedroom. McAdoo Police Chief Jeffrey Wainwright was also there, he said. Neither interrogated Schreiner.Trooper Christopher M. Rooney said he asked her to identify herself and the victim, and later asked her what had happened.He also said he later asked her if her husband, afelon, had guns.He also asked her if there were other guns in the house. She said yes, under the bed and in the closet. He asked her to move into another bedroom to be away from the firearms.He did not interrogate her, nor did he give her Miranda rights. She was not in custody. Rooney agreed that he did not allow her to wander about the house for fear of contaminating the crime scene.She told him she and her husband had argued all day about her plans to visit her son for a few days as he recovered from surgery, and she was embarrassed by the neighbors overhearing.At one point, he was told by a superior officer to stop talking with Schreiner because he was there only to secure the scene. He obeyed that command, he said.Nor did he talk with her on the 15-minute ride to the Frackville barracks, he said.However, at the barracks, Rooney said he blurted out an opinion that Kenneth Schreiner was a real (expletive) and that Jane Schreiner "did the world a favor" by shooting him.The remark was recorded on Rooney's lapel recorder, which he had forgotten to turn off.Foose said the comment was "irrelevant and inappropriate" and wants it suppressed.Nahas disagreed, saying he wants it entered as evidence.Now retired trooper Edward Lizewski testified that Schreiner appeared "upset but calm" during his interview with her at the barracks.She waived her Miranda rights, was offered a cold drink, and permitted to take a bathroom break during the hourlong interview.The shooting happened around 3 p.m. Aug. 4 in the kitchen of the couple's 101 Hillside Road home.According to an affidavit of probable cause, Schreiner called 911, said she just shot her husband and hung up.Then she called back and said that she didn't know the gun was loaded.Police found Kenneth Schreiner lying on his left side on the kitchen floor with a gunshot wound to the chest.A black revolver was on a countertop.Jane Schreiner said in the presence of Rooney, "I can't believe this happened. I just wanted him to stop. It was an accident, but it wasn't."