Friday, January 01, 1999
Court won't hear most of murder suspect's statement
BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON — A Butler County judge ruled Thursday that police violated a murder suspect's right to an attorney when they continued to question him after he repeatedly asked for a lawyer.
As a result, Common Pleas Judge H.J. Bressler is refusing to allow almost all of Franklin Saunders' one-hour videotaped statement to police to be used in his trial.
But the judge did admit into evidence a small part of the statement, in which Mr. Saunders said to a police detective, “I can't believe I did it.”
Mr. Saunders, 39, of Blue Ash, is accused of dragging his ex-girlfriend, Lisa Weber, 39, of Fairfield, into his car on June 9 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. His trial is to begin Feb. 8.
After Mr. Saunders surrendered at the Union Township police station June 10, Detectives David Tivin and Andrew Schweier videotaped an inter view with him.
During the interview, Mr. Saunders never explicitly admitted the killing, but talked about events surrounding it.
Neither prosecutors nor Mr. Saunders' attorneys could comment on Judge Bressler's ruling because of the judge's gag order in this case.
The prosecution had argued in court that Mr. Saunders never clearly said he wanted a lawyer.
Judge Bressler admitted as evidence a brief statement Mr. Saunders made to Detective Schweier before they began asking him questions about the slaying. The judge said in his ruling that Mr. Saunders made the statement voluntarily and without any effort by Detective Schweier to elicit an incriminating response.
But the judge refused to admit into evidence Mr. Saunders' statements in all but two pages of the 59-page transcript of the interview.
“The defendant did assert his right to counsel and did not waive that right to counsel,” Judge Bressler said. Mr. Saunders “unequivocally” requested an attorney more than once during the interview, the judge said.
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