In April President Judge John M. Cascio heard arguments both for and against the use of the evidence.
Everett is accused of shooting 21-year-old Tory Elizabeth Minnick twice in the head, then bludgeoning her with a hammer March 25, 2011, at a home in Jerome. Minnick was killed by a single gunshot wound to the head, according to Somerset County Coroner Wallace Miller.
The 27-year-old Jerome resident faces charges of criminal homicide, first- and third-degree murder, voluntary manslaughter and aggravated assault in Minnick's death.
Everett is also charged with criminal conspiracy to commit homicide. State police allege that Nair, 26, of Friedens texted advice to Everett on how to load a gun and what ammunition to purchase for the firearm used to kill Minnick. The messages were exchanged the day before and day of the shooting, according to court documents.
Everett's defense attorney, Brent Eric Peck of Uniontown, argued in the April meeting that the texts cannot be authenticated to show that Everett actually wrote them or had them written and sent to Nair. If the evidence cannot be authenticated, it is not admissible in court, he said.
The judge disagreed.
"We find the Commonwealth has identified adequate circumstantial evidence that supports the assertion that defendant (Everett) authored the text messages in question," Cascio wrote in a memorandum.
"In conjunction with this evidence, the Commonwealth avers that Mr. Nair will be available to testify that he authored the text messages sent to defendant in response," he wrote.
Cascio reviewed a copy of the transcripts of text messages from the telephone carrier before he made his decision.
The district attorney's office has filed a motion to preclude defense expert testimony regarding battered woman syndrome and post-traumatic stress disorder. A hearing on that motion has been deferred pending Peck's response, according to the memorandum.
Everett is incarcerated in the Somerset County Jail. Homicide is a nonbondable offense.