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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Tape of suspect disputed
Detectives ignored rights, attorneys say

Wednesday, November 18, 1998

BY STEVE KEMME
The Cincinnati Enquirer

HAMILTON - A Butler County judge is deciding whether to admit into evidence a one-hour videotaped police interview of Franklin Saunders, who is accused of killing his ex-girlfriend.

During the interview, Mr. Saunders never confesses to the murder, but he alludes to many events surrounding Lisa Weber's slaying June 9 in woods off Muhlhauser Road in Butler County's Union Township.

In a transcript of the interview obtained by The Cincinnati Enquirer, Mr. Saunders said his relationship with Ms. Weber caused him to "snap" the day she was shot to death.

". . . Lisa just laughed in my face," he said, "and when she just kept playing with me and playing with me and playing with me, I just snapped, and that's exactly what happened to me, and I just lost it, completely just lost it."

The attorneys for Mr. Saunders accused police Tuesday of ignoring his repeated requests for a lawyer while they interrogated him. Attorneys Greg Howard and Craig Hedric asked Judge Bressler not to admit the tape, which was made shortly after Mr. Saunders surrendered on June 10.

"At least eight times, Mr. Saunders said he wanted an attorney present before answering questions," Mr. Howard said.

Police Detectives David Tivin and Andrew Schweier testified Tuesday that Mr. Saunders never clearly stated that he wanted a lawyer.

Judge Bressler will decide on the tape's admissibility in about two weeks.

Mr. Saunders, 39, of Blue Ash, is accused of dragging Ms. Weber, 39, of Fairfield, into his car and shooting her to death. Police and Ms. Weber's family say he had been stalking the woman since she moved out of his apartment in May.

He has pleaded not guilty to charges of aggravated murder, kidnapping and violating a court order not to have weapons.

Mr. Howard read aloud parts of the transcript of the videotaped statement as he questioned the two detectives during the hearing. During the videotaped interview, Detective Tivin asked Mr. Saunders, "Do you wish to speak to me without an attorney present?" "No," Mr. Saunders replied.

By continuing to question Mr. Saunders, Detective Tivin blatantly violated Mr. Saunders' right to have an attorney present, Mr. Howard said.

Detective Tivin told Mr. Howard he wasn't sure whether Mr. Saunders was saying, "No, I don't want to speak to you without an attorney," or, "No, I don't want an attorney."

At the beginning of the interview, Mr. Saunders asked Detective Tivin if he was being recorded.

"I don't have a tape recorder," he replied, even though the video camera was recording their conversation.

"I don't feel I lied to him," Detective Tivin said. "I evaded his question."



Local Headlines For Wednesday, November 18, 1998

SPECIAL COVERAGE: CLINTON UNDER FIRE
$93 million coming here?
Area congressmen insist impeachment process should move forward
City looks at new benefits for non-union employees
Cooks' choice: Serving food and one another
Flynt returns to hustle cause
Group enlists communities in fight against child abuse
Hair braids tangled in red tape
Hamilton screens 3 for manager job
Homeowners get tax cut
Inquiry panel expands witness list
Kenton supports park plan
Ky. voting took too long
Lewinsky's voice more Buffy than Bacall
Man killed 5 years after mother slain
Miami issues to be aired
Moms' attorneys see bias in school
Old Governor's Mansion about to turn 200
Program will stresss protecting children
Report calls MSD 'racial cesspool'
Snowden says legacy was empowering ranks
Stadium contracts sore point
Stop-smoking help rare among area companies
Tape of suspect disputed
TRISTATE DIGEST
VA worker sues again, says racism remains
Warren a winner at polls
Warren resists police squabble
We can see ourselves in 'America 1900'


 
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