BY DAN HORN
The Cincinnati Enquirer
A former Cincinnati police officer may soon return to court to face charges of planting drugs on a suspect.
In an appeals court decision filed Thursday, former officer John Sess lost his bid to block prosecutors from using an incriminating statement against him.
Prosecutors say Mr. Sess made the statement last year when he told his would-be boss that he once slipped a bag of marijuana into the pocket of a drug suspect.
Mr. Sess, a 23-year veteran of the police division, lost his job a month later and was indicted on charges of tampering with evidence and tampering with records.
But the case was put on hold last November, when Judge Robert Ruehlman of Hamilton County Common Pleas Court threw out the statement - saying prosecutors could not use it during a trial because Mr. Sess gave it at a meeting with a superior officer.
Courts have held that when an officer is ordered to answer questions - such as during an internal investigation - the comments cannot be used for prosecutions.
Prosecutors, however, argued that did not apply to Mr. Sess because he volunteered the information during a routine job interview. The Ohio 1st District Court of Appeals agreed.
Mr. Sess made the statement during an interview to become an agent with the Regional Enforcement Narcotics Unit (RENU).
"The conclusion of the trial court that it was not voluntary is against the manifest weight of the evidence and otherwise contrary to law," the appellate judges wrote.
They also noted that Mr. Sess was not in police custody at the time and therefore was not entitled to be notified of his constitutional right to remain silent.
Prosecutor Joseph Deters said the ruling means his office will be able to proceed with the criminal case. "It's the entire case," he said of the statement. "We expect there will be a trial."
According to prosecutors, Mr. Sess admitted to planting evidence in 1984 on Shadarle Ragan, who was later convicted of drug charges. Mr. Sess' attorney, Donald Hardin, could not be reached for comment Thursday.
Mr. Deters said there is no evidence Mr. Sess ever planted evidence on anyone else.
"He was being very honest with the commander when he (made the statement)," Mr. Deters said. "As much as you appreciate that, you have to bring charges against him."
