What Will Jury Hear in DeSisti Case?

By Lindsay Nielsen

July 25, 2011 Updated Jul 25, 2011 at 8:57 PM EDT

Towanda, PA (WBNG Binghamton) Bradford County Court prepares for the murder trial of a Waverly man who could face the death penalty if convicted.

Seventy four-year-old John DeSisti was arrested Dec. 8, 2010, for the murders of his cousin Carol and her husband David Keefe in 2006.

Pennsylvania State Police say the couple had just come home from a night out, and were killed ambush-style in the garage of their home in Athens Township.

DeSisti was in Bradford County Court Monday for a pre-trial hearing.

Prosecutors say DeSisti killed the couple because of a dispute over land with Carol Kkeefe.

The defense says that is hearsay.

The hearing will determine what evidence can be used in the trial and if DeSisti will lose visitation rights in prison.

DeSisti has been accused of threatening prosecutors in the case.

Because of that, the Commonwealth petitioned to stop him from seeing visitors and making telephone calls.

New York and Pennsylvania state police testified as witnesses for the prosecution Monday.

One trooper said DeSisti told him he did not own a hand gun.

Investigators later found a .22-caliber hand gun in Desisti's home.

Another piece of evidence was obtained after a search of DeSisti's home: His boots.

A photograph of a bloody foot print from the crime scene shows a tread similar to the tread on DeSisti's boots, state attorneys said.

A Pennsylvania state trooper testified blood was also found in DeSisti's truck.

The Defense made a motion to suppress statements made by their client, as well as strike evidence obtained by a search warrant.

The Prosecution argued the statements were made voluntarily by DeSisti and that he was not in custody at the time.

The defense also requested the death penalty specification be removed from the case.

No decisions have been made on the motions and no further court dates were set Monday.

The daughter of Carol and David Keefe was in court today as well as other family members of DeSisti.