BY KRISTEN DELGUZZI
The Cincinnati Enquirer
A Hooven woman is home with her two children today, in large part due to a mistake by two detectives with the Hamilton County Sheriff's Department.
Michelle Patterson, 25, was released from the Hamilton County Justice Center on Monday after prosecutors dismissed a charge of aggravated murder. She was accused in the stabbing of her husband, Floyd, who died in the couple's home in December.
Hamilton County Prosecutor Joseph Deters said his office was forced to drop the case
because their key piece of evidence -- an incriminating statement from Ms. Patterson -- was thrown out of court earlier this month. Common Pleas Judge Robert Kraft suppressed the 15-minute statement after finding that Ms. Patterson was never properly advised of her right to remain silent, a right established by the U.S. Supreme Court in the 1966 case of Miranda vs. Arizona.
"Basically, he said her statement was coerced," defense attorney Catherine Adams said.
On Dec. 6, the day Ms. Patterson's husband died, she was taken to the sheriff's department for questioning. By the time she gave her statement at 9:15 p.m., she had been there more than 15 hours. She says Sgt. Tom Boeing and Detective Jerome Diersing did not advise her of her rights until after she gave her statement. The detectives say they orally apprised her of her rights before the statement was taken, but they have no documentation -- such as a signed form waiving Miranda rights -- to support that claim.
"We have repeatedly advised police agencies to use rights forms that are signed and initialed," Mr. Deters said.
Sheriff's officials said they could not comment.
Though the charge against Ms. Patterson has been dropped, the death of her husband will not go unprosecuted.
James Michael Clowers, 28, of Colerain Township goes to trial May 18 on a charge of aggravated murder in the death of Mr. Patterson. He was involved in a relationship with Ms. Patterson at the time of Mr. Patterson's death.
Mr. Clowers' statement was suppressed for similar reasons, but authorities have enough independent evidence -- including the testimony of a cab driver who dropped him off outside the Patterson home on the morning of the homicide -- to proceed with the case.
Mr. Deters said Ms. Patterson "may have been covering for" Mr. Clowers when she gave her statement to police.
