04-21-2012, 11:51 PM
Just in from the Toledo Blah
A Lucas County Common Pleas Court judge has ruled that a recording of an investigatory interview with a suspect in a Springfield Township double homicide last year may not be played at trial because the interview violated the suspect’s constitutional rights.
In granting Samuel Todd Williams’ motion to suppress, Judge Dean Mandros found that the investigators should have stopped questioning the suspect once he told them he would not talk until his lawyers were present at the Lucas County jail, where he had been taken after his Sept. 22 arrest.
Even after Williams identified his two lawyers, “the police authorities immediately directed a series of questions to Williams,” the judge wrote, citing the interview transcript. “Williams again sought to terminate the questioning, but the authorities again ignored his request.”
Williams “clearly and unambiguously invoked his right to counsel” that the police were obliged to
“scrupulously honor,” Judge Mandros wrote.
Williams, 24, of 1626 Kelsey Ave. is charged with two counts each of aggravated murder and kidnapping, and one count of aggravated burglary in the asphyxiation deaths of a Springfield Township couple.
Johnny Clarke, 21, and Lisa Straub, 20, were found dead Jan. 31, 2011, in the Longacre Lane home of Miss Straub’s parents.
Also charged in the case is Cameo Pettaway, 22 of 133 Essex St.
Trials for both accused are scheduled to start in early June, and each faces the death penalty if convicted of the murder counts.
According to Judge Mandros’ decision, Toledo police Detective Jeff Kozak asked Williams, “Do you want to talk to us?” to which the suspect responded, “Only thing I want to know is what is it about, and that’s it. Other than that, I’m going to wait for my lawyer. I’m not talking at all. I didn’t do nothing. I don’t know what this is about.”
Allowing a suspect to cut off questioning, the judge wrote, “counteracts the coercive pressures of the custodial setting.”
Williams’ inquiry about the circumstances of his arrest “is to be expected” because he initially thought his detention concerned a child-support issue, Judge Mandros wrote.
But after telling Mr. Kozak and Tom Ross, an investigator from county prosecutor Julia Bates’ office, that he wouldn’t talk without legal representation, Williams answered questions about whether he had gone to the Longacre Lane home.
He denied he had been there or knew the home.
Mrs. Bates said Saturday she couldn’t comment on Judge Mandros’ ruling because she had not yet seen the opinion. Before becoming a common pleas judge, Mr. Mandros was an assistant prosecutor in her office.
“He has to do what he believes in, based on the law,” Mrs. Bates said.
Defense attorney John Thebes declined to comment on the ruling, citing a court-imposed gag order.
A Lucas County Common Pleas Court judge has ruled that a recording of an investigatory interview with a suspect in a Springfield Township double homicide last year may not be played at trial because the interview violated the suspect’s constitutional rights.
In granting Samuel Todd Williams’ motion to suppress, Judge Dean Mandros found that the investigators should have stopped questioning the suspect once he told them he would not talk until his lawyers were present at the Lucas County jail, where he had been taken after his Sept. 22 arrest.
Even after Williams identified his two lawyers, “the police authorities immediately directed a series of questions to Williams,” the judge wrote, citing the interview transcript. “Williams again sought to terminate the questioning, but the authorities again ignored his request.”
Williams “clearly and unambiguously invoked his right to counsel” that the police were obliged to
“scrupulously honor,” Judge Mandros wrote.
Williams, 24, of 1626 Kelsey Ave. is charged with two counts each of aggravated murder and kidnapping, and one count of aggravated burglary in the asphyxiation deaths of a Springfield Township couple.
Johnny Clarke, 21, and Lisa Straub, 20, were found dead Jan. 31, 2011, in the Longacre Lane home of Miss Straub’s parents.
Also charged in the case is Cameo Pettaway, 22 of 133 Essex St.
Trials for both accused are scheduled to start in early June, and each faces the death penalty if convicted of the murder counts.
According to Judge Mandros’ decision, Toledo police Detective Jeff Kozak asked Williams, “Do you want to talk to us?” to which the suspect responded, “Only thing I want to know is what is it about, and that’s it. Other than that, I’m going to wait for my lawyer. I’m not talking at all. I didn’t do nothing. I don’t know what this is about.”
Allowing a suspect to cut off questioning, the judge wrote, “counteracts the coercive pressures of the custodial setting.”
Williams’ inquiry about the circumstances of his arrest “is to be expected” because he initially thought his detention concerned a child-support issue, Judge Mandros wrote.
But after telling Mr. Kozak and Tom Ross, an investigator from county prosecutor Julia Bates’ office, that he wouldn’t talk without legal representation, Williams answered questions about whether he had gone to the Longacre Lane home.
He denied he had been there or knew the home.
Mrs. Bates said Saturday she couldn’t comment on Judge Mandros’ ruling because she had not yet seen the opinion. Before becoming a common pleas judge, Mr. Mandros was an assistant prosecutor in her office.
“He has to do what he believes in, based on the law,” Mrs. Bates said.
Defense attorney John Thebes declined to comment on the ruling, citing a court-imposed gag order.