Attorneys for a 22-year-old Hastings man accused of murder are asking a judge to limit what prosecutors can present at trial, including conversations overheard after the fact.
Daniel B. Harden faces charges of first-degree murder and use of a firearm to commit a felony, accused of trying to rob 19-year-old Jose “Joey” Hansen and killing him in the process.
In a motion in limine filed Wednesday, Harden’s attorney, Clarence Mock, asked to not allow hearsay evidence from Katherine Creigh and Serenity Crossfield, who overheard discussions about the shooting. Mock argues that hearsay evidence isn’t allowed and neither individual was present at the time Hansen was shot.
Investigators believe Crossfield overheard conversations about Hansen’s murder, first at Creigh’s residence about 3 a.m. on Sept. 11, 2017, and then hours later during discussions in Creigh’s vehicle while driving from Hastings to Lincoln.
Mock also asked to prevent information about any polygraph examination or Harden’s invocation of his rights from being introduced to a jury. The motion seeks to prevent the assertion, argument or implication of any DNA, fingerprints, hair or biological evidence or other scientific evidence linking Harden to the shooting since the discovery provided by prosecutors has indicated no such evidence exists.
A status conference in the case has been scheduled for March 25 at 3:15 p.m.
Harden pleaded not guilty to the charges on Feb. 27, 2018.
Creigh, 22, of Lincoln and Deante Mullen, 20, of Lincoln also have been charged in the case.
Authorities say Harden and Mullen allegedly intended to rob Hansen and the attempted robbery led to Hansen’s death on Sept. 11, 2017, in 700 block of West G Street. Hansen was killed by a single gunshot wound to the back.
Mullen faces charges of first-degree murder and use of a firearm to commit a felony. He pleaded not guilty March 5, 2018. A status conference in his case has been set for July 1 at 11 a.m.
Creigh, Mullen’s girlfriend at the time, also was charged with accessory to a felony for helping Harden and Mullen avoid arrest after the shooting. A preliminary hearing in Creigh’s case has been scheduled for July 8 at 2 p.m.
First-degree murder is a Class 1 or Class 1A felony punishable by death or life in prison, respectively. Prosecutors haven’t indicated whether they will pursue the death penalty. Use of a firearm to commit a felony is a Class 1C felony punishable by five to 50 years in prison. Accessory to first-degree murder is a Class 2A felony punishable by up to 20 years in prison.