Penske Shooting Suspect Has Hearing

COBB COUNTY, Ga. - It was a legal setback Thursday for a man accused in last year's deadly Penske shooting rampage.

A Cobb County judge decided evidence gathered in the hours after the shooting can be used in Jesse Warren's murder trial.

At issue were the lack of search warrants taken out by Cobb County Police in the hours after Jesse Warren was arrested.

Warren's law team tried to get the blood and other evidence thrown out of the case.

A Cobb County Police detective testified on the stand that Warren had blood splattered on his clothes, face, and hands when he arrested.

Warren's attoey argued unsuccessfully that investigators should have gotten search warrants before taking the clothes.

Prosecutors say Warren burst into the Atlanta area office wearing camouflage and unloaded his handgun into a crowd of former colleagues as the office was bustling with some two dozen workers and several customers on Jan. 12 of last year.

Warren's attoey told the judge that he has not been paid by the Capitol Defense Fund and he's not sure he can continue on the case if he isn't paid.

A hearing on that issue is set for March.