Motion to suppress denied for man charged with raping a juvenile
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
A motion to suppress filed by a Highland County resident facing a charge of rape against a 10-year-old has been denied by the Highland County Common Pleas Court.
On Wednesday, Judge Rocky Coss heard arguments from Michael Kelley, attorney for Kyle S. Baker, and Assistant Highland County Prosecutor David Henry.
Baker was indicted during the July session of a grand jury in Highland County, where one charge of rape, a felony of the first degree; and one charge of gross sexual imposition, a felony of the third degree, were handed down.
On Wednesday, Kelley asked that the court suppress a statement that Baker allegedly made in August following an interview from a polygraph examiner with the Ohio State Highway Patrol.
Trooper James Slusher testified that at the beginning of an interview for a polygraph examination, Baker was advised of his Miranda rights multiple times, and signed a form stating that he understood he had the right to have an attorney present and that he was free to leave at any time.
During Henry's questioning of Slusher, Coss asked that questioning center on the statements Baker allegedly made following the polygraph testing, as the results of the test are not admissible in court.
Slusher testified that Baker made statements admitting to the allegations previously made by the alleged victim, regarding how he allegedly touched the child.
Kelley argued that Baker had been at the office of the Ohio State Highway Patrol for approximately four hours, and prior to the alleged admission he was given a form regarding Ohio Public Record Laws, which led him to believe any statement he made would be confidential.
Coss said that Baker was not in police custody at the time of the interview and that it did not make sense that the Hillsboro Police Department, which is investigating the case, would send him to the examination if statements he made would be kept confidential. Coss denied the motion. Coss said that since the polygraph is not admissible, Slusher may testify only on the statements Baker allegedly made and he will not be identified as a polygraph examiner.
Sgt. Ron Priest appeared in court on behalf of the HPD.
Immediately following the motion to suppress hearing, a pretrial hearing was held. Kelley said he was not prepared to proceed to trial, which had been scheduled for Monday. Baker signed a form waving his right to a speedy trial, and Coss said that trial would take place some time in early February.
Baker is currently being held in the Highland County Justice Center.
A motion to suppress filed by a Highland County resident facing a charge of rape against a 10-year-old has been denied by the Highland County Common Pleas Court.
On Wednesday, Judge Rocky Coss heard arguments from Michael Kelley, attorney for Kyle S. Baker, and Assistant Highland County Prosecutor David Henry.
Baker was indicted during the July session of a grand jury in Highland County, where one charge of rape, a felony of the first degree; and one charge of gross sexual imposition, a felony of the third degree, were handed down.
On Wednesday, Kelly asked that the court suppress a statement that Baker allegedly made in August following an interview from a polygraph examiner with the Ohio State Highway Patrol.
Trooper James Slusher testified that at the beginning of an interview for a polygraph examination, Baker was advised of his Miranda rights multiple times, and signed a form stating that he understood he had the right to have an attorney present and that he was free to leave at any time.
During Henry's questioning of Slusher, Coss asked that questioning center on the statements Baker allegedly made following the polygraph testing, as the results of the test are not admissible in court.
Slusher testified that Baker made statements admitting to the allegations previously made by the alleged victim, regarding how he allegedly touched the child.
Kelly argued that Baker had been at the office of the Ohio State Highway Patrol for approximately four hours, and prior to the alleged admission he was given a form regarding Ohio Public Record Laws, which led him to believe any statement he made would be confidential.
Coss said that Baker was not in police custody at the time of the interview and that it did not make sense that the Hillsboro Police Department, which is investigating the case, would send him to the examination if statements he made would be kept confidential. Coss denied the motion. Coss said that since the polygraph is not admissible, Slusher may testify only on the statements Baker allegedly made and he will not be identified as a polygraph examiner.
Sgt. Ron Priest appeared in court on behalf of the HPD.
Immediately following the motion to suppress hearing, a pretrial hearing was held. Kelley said he was not prepared to proceed to trial, which had been scheduled for Monday. Baker signed a form waving his right to a speedy trial, and Coss said that trial would take place some time in early February.
Baker is currently being held in the Highland County Justice Center.