Wednesday, May 03, 2000

Lawyer wants taped confession tossed

Doubts 11-year-old understood his rights

By Steve Kemme
The Cincinnati Enquirer

        HAMILTON — The attorney for an 11-year-old Middletown boy accused of raping a 7-year-old girl wants the court to throw out the boy's taped statement to police.

        Middletown Police Detective H. Fredrick Shuemake said Tuesdaythat he made sure the boy understood his constitutional rights before questioning him at the police station about the incident.

        “(The boy) was very calm and communicated quite well,” he testified in a Butler County Juvenile Court hearing on a motion to suppress the boy's statements to police. “It was unbelievable to me how calm he was under the circumstances.”

        Under cross-examination by the boy's attorney, Paris Ellis, Detective Shuemake said he did not tell the boy that he was being tape-recorded or that his parents were nearby in the police station lobby.

        He said the boy never asked for his parents or an attorney.

        Judge David Niehaus did not rule on the motion Tuesday.

        The hearing will be continued May 16 so that Mr. Ellis can listen to the boy's half-hour taped statement and review the Miranda warning card Detective Shuemake said he read to the boy.

        The boy, who is not being named by The Enquirer because of his age, also is charged with gross sexual imposition involving a 5-year-old boy.

        The 11-year-old was placed in the county juvenile detention center on March 24, after he was accused of raping the 7-year-old girl in a closet at his home. The girl's mother interrupted the alleged rape.

        Since his release April 20, the boy has been in the custody of family.


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