Feb 20, 2025 By Zach Petroff 3 min read

A Redstone Township man accused of fatally shooting a potential business partner wants a judge to suppress recorded jail conversations he had with his wife.

Fayette County Assistant Public Defender Ethan Carter argued on Wednesday that anything Norman Pennington’s wife said while they talked on the jail phones couldn’t be used at trial.

“We understand that any statement made by Mr. Pennington would be admissible. We are contesting that any other statement made by any other person on the phone would not be admissible, as they are hearsay,” Carter said.

Pennington, 66, was charged with criminal homicide and prohibited possession of a firearm in the shooting death of Anthony Dicenzo, 83. The Brownsville man’s body was found in a vehicle parked on Riffle Hollow Road in German Township last April. He had been shot twice in the head.

Court records indicated that the two men had known each other for more than three decades. Investigators learned from Dicenzo’s wife that prior to his death he was planning to purchase the Village Lounge bar in Fairbank, as well as five acres of land.

According to the complaint, Dicenzo’s wife told police she believes he gave $30,000 to Pennington for one of these purchases.

On Wednesday, District Attorney Mike Aubele dismissed the idea that a jury should only hear Pennington’s side of the conversations with his wife.

“We have to be able to provide full context with any conversation for the jury,” Aubele said.

According to court records, Pennington allegedly confessed to shooting Dicenzo, but claimed it was out of self-defense. The complaint did not indicate whether Pennington told police what precipitated the shooting, and he reportedly told police he threw the gun into Dunlap Creek.

During the pretrial motion hearing before Senior Judge John F. Wagner Jr., state police Trooper Tyler Shutterly testified that all phone calls from the county jail are recorded and all parties are made aware when placing a phone call, as is required by Pennsylvania state law.

Carter also asked Wagner to dismiss any evidence obtained from Pennington’s cellphone because of a clerical mistake made on the search warrant.

Shutterly testified on Wednesday that when he submitted paperwork for a search warrant to District Judge Jason Cox, he accidentally included an additional paragraph that had to do with an unrelated case.

“It was a mistake on my part,” Shutterly said.

According to court documents, state police obtained numerous warrants to search Pennington’s home, barbershop and his cellphone. Shutterly testified that police took Pennington’s phone when he was in custody but did not perform an audit until they obtained a warrant.

Aubele argued that the clerical error would not void the search of Pennington’s cellphone.

“There is clear probable cause through a warrant to obtain information found on that cellphone,” he said.

Wagner said he would rule on the matter at a later date.