Challenge of photo lineup denied in Wellsville aggravated murder case
LISBON — A motion filed to challenge a photo lineup used to identify Jeno Wall, who’s accused of aggravated murder, has been denied.
Columbiana County Common Pleas Court Judge Megan Bickerton said during an interim status hearing Friday that she denied the defense motion and would issue a judgment entry reflecting that in the next few days.
Defense attorneys Charley Kidder and Joe King claimed that Wellsville Police Lt. Marsha Eisenhart showed a photo of the defendant to a witness just prior to his review of the photo lineup, “which by its nature resulted in such unfairness that it infringed the defendant’s right to due process of law.”
They had requested the court bar in-court and out-of-court identification of Wall during his upcoming jury trial, which remains set for 9 a.m. Sept. 23.
Charges against Wall, 35, Steubenville, include unclassified felonies of aggravated murder and murder and third-degree felony intimidation of an attorney, victim or witness in a criminal case, along with firearm specifications for allegedly using a firearm to cause Robert E. Herron’s death on Sept. 9, 2024 in Wellsville.
County Assistant Prosecutor Tammie Riley Jones, who’s trying the case along with county Assistant Prosecutor Christopher Weeda, said the state will be prepared to go forward with the trial.
An issue of non-disclosure was raised, with Kidder saying he may file a motion in a few days if the state doesn’t disclose the name of a particular potential witness, but he’s expecting to receive the information.
King advised the court that a framework for a plea agreement had been prepared, with certain prerequisites that had to be done.
“I don’t think we’re going to accomplish this,” King said.
Bickerton told Wall that she doesn’t get involved in negotiations and that the trial will deal with the charges from the indictment. She asked if he understood and he indicated he did.
According to county Prosecutor Vito Abruzzino, Wall could face life in prison without the possibility of parole if convicted of aggravated murder. Abruzzino said previously that the intimidation charge stemmed from alleged actions by Wall following the shooting.
When the indictment was issued in December, a press release from Abruzzino and Wellsville Police Chief Ed Wilson said officers responded to a call of shots fired on Tenth Street and found Herron, 30, fatally wounded behind a residential garage.
Wall remains jailed under a $1 million cash or surety bond.
Family members of the victim, Herron, were in the courtroom for the hearing.
In a related matter, a status hearing remains set at 1 p.m. Sept. 25 for Brandon Kessler, 42, 10th Street, Wellsville, who’s facing a charge of obstructing justice, a third-degree felony, for allegedly lying to police during the investigation into Herron’s shooting death. He remains jailed under a $50,000 cash or surety bond.


