Friday, May 31, 2002

Judge: Teen's rights violated




By Janice Morse, jmorse@enquirer.com
The Cincinnati Enquirer

        HAMILTON — In Butler County's first case prosecuted under the state's tougher juvenile-offender law, a judge on Thursday threw out some statements of a 14-year-old stabbing suspect who claimed her Miranda rights were violated.

        But Juvenile Court Judge David Niehaus ruled that the girl's bloody coat — and a knife sheath found in its pocket — would be admitted as evidence at trial, set for June 14.

        The Williamsdale girl, an eighth-grader at Edgewood Middle School, is charged with two counts of felonious assault in the March 26 knife attack on another teen in St. Clair Township. The victim, also 14, suffered knife wounds to her face, throat and chest, officials said.

        The defendant, whose name the Enquirer is withholding because of her age, faces tougher penalties if convicted under Ohio's new “serious youthful offender” law. Under that same law, an Avondale teen has been standing trial this week in Hamilton County in connection with the death of her father, who had bleach thrown on him.

        Effective Jan. 1, the law says youths at least 10 years old charged with specific felony-level offenses can be subject to a “blended sentence”: a juvenile term plus an adult term triggered under certain conditions.

        “It does allow us to hold adult consequences over their heads,” said Greg Stephens, a Butler County assistant prosecutor.

        If the defendant in the stabbing case is convicted, she faces at least a year on each count in the Ohio Department of Youth Services — and the judge also may impose an adult term of two to eight years on each charge, Mr. Stephens said.

        Defense lawyer Patricia Downing argued her client's rights were violated when questioning continued after the girl asked a deputy for a lawyer. Sheriff's Sgt. Jean Collett read the girl's Miranda rights while the teen was handcuffed and unable to sign a rights-acknowledgement card. The girl says she interrupted and asked for a lawyer, but Sgt. Collett testified she didn't remember that happening.

        Judge Niehaus said he couldn't recall a juvenile suspect being “Mirandized” in such a fashion in his 21 years on the bench, and he said the girl's testimony “has a ring of truthfulness.” He said the deputy may have “bulldozed right through” the process.

        “She should not have been read her rights under (those) circumstances,” the judge said. The judge suppressed any statements the girl made after her rights were read.

       



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