Motions to suppress denied in case alleging firefighter gave pot to kids

Highland County Common Pleas Court Judge Rocky Coss denied two motions to suppress Thursday in a case regarding a Mt. Orab firefighter who is charged with giving pot to two children. 

Joel R. Harris, 26, of Clay Township in Highland County, was indicted in July by a grand jury in Highland County Common Pleas Court on two counts of corrupting another with drugs, each a felony of the fourth degree. 

Harris was represented by his attorney Matthew Jewson of Dayton, and the state was represented by Assistant Highland County Prosecutor David Henry. 

Three detectives with the Highland County Sheriff's Office, and the girlfriend of the defendant testified during the motion to suppress hearing, regarding evidence found during a search of the home as well as statements that Harris allegedly made. 

Detectives Danny Croy, Richard Warner and Denny Kirk each testified regarding a search they conducted of Harris's home in April after - according to testimony - allegations were made that Harris was growing pot and had given marijuana to the two children. 

Croy testified first, saying that he and Warner were requested to join Kirk in a "knock and talk," where law enforcement visit a suspect's home. Croy testified that when they arrived at the home, on state Route 138 in Clay Township, Harris answered the door and Kirk explained why they were there. Croy testified that Harris invited them in, and took Kirk and Warner through the home while he stayed in the living room/dining room area, and that he did not join the others until after drug paraphernalia was allegedly found. 

He also said that he was joined by Harris's girlfriend, who had been in the basement doing laundry when the officers arrived. When he explained to her why they were there, she allegedly said the allegations that had been made were probably "a vindictive complaint from his ex-wife."

Croy said that when he was asked to join them in another  room by Kirk and Warner, he "secured a weapon" that was found.

Jewson questioned Croy regarding the items that were taken into evidence, and Henry objected. Coss sustained the objection, telling Jewson, "I don't permit pretrial hearings to be a fishing expedition."

Warner testified regarding their entry into the house, and that he was with Kirk and Harris the entire time, except for a period when Harris and Kirk went into the basement. 

Jewson asked Warner if Kirk specifically asked if he could look in the filing cabinet drawer. Warner said he heard Kirk ask and that Harris gave him permission. 

Kirk testified that he did not inform Harris that he had been told the children allegedly said the drug paraphernalia would be in the filing cabinet, as it could have been moved and he wanted to search through the entire house. Kirk said he asked Harris for permission to look in the filing cabinet, which Harris gave according to Kirk. He allegedly discovered in the drawer two marijuana pipes with water in them, rolling papers, a rolling machine, seeds, "vegetation" and other items. 

Warner and Kirk also testified that Harris said he wanted to work something out but didn't want his girlfriend to hear what he had to say. The officers said that he could speak with them at their office at the Highland County Justice Center, which he did a few hours later. They said Harris said he was a firefighter and being found with marijuana could be bad for him. They testified they told him this was now two separate issues, the allegations regarding the children, and the paraphernalia. When asked if Harris had been charged regarding the paraphernalia, Kirk said "not yet."

Henry asked each of the officer if Harris had been read his Miranda rights, and they said he had not because he was not under arrest and was free to leave the questioning at any time. 

The defense called Harris's girlfriend, Cindy Deskete, but before swearing her in, Coss said, "She needs to be dressed appropriately. Get her dressed appropriately and she can testify." She had been wearing a sleeveless shirt and jeans, and came back a few minutes later wearing a long-sleeve shirt.

She testified that she did not hear Harris consent to have the house searched and did not hear Harris give Kirk permission to open the filing cabinet. 

After the testimony, Jewson argued that the detectives had time to obtain a search warrant, but they did not, and that they were in violation of the scope of their search by opening the drawer. 

Henry argued that they did not have enough evidence to obtain a search warrant, which was why they conducted a "knock and talk."

Coss ruled that the evidence and the statements are admissible, and that a pretrial hearing would be scheduled. 

During the court proceedings, Coss noted that if children under the age of 10 were called to testify, a video camera would be used to obtain their testimony. n>