The Associated Press

COLUMBUS - The Ohio Supreme Court is weighing whether prosecutors violated a convicted sex offender's constitutional rights by telling a jury he refused to talk to police without a lawyer.

The issue before the court involves suspects who refuse to talk or ask for a lawyer before being taken into custody and read their rights.

Thomas Leach - convicted in Hamilton County last year of attempted rape, gross sexual imposition and kidnapping - says previous court rulings have warned prosecutors against the practice. He argues it implies offenders are guilty because they have something to hide.

Leach was arrested following an attack on two women at a friend's house.

Prosecutors cite other court rulings that allowed people's silence to be presented as evidence. They argue that jurors should be able to weigh the silence along with other factors.

Leach appealed his 2002 conviction to the state Supreme Court. He said his rights were violated after a detective testified before a jury that Leach asked for an attorney before his August 2001 arrest.

A state appeals court sided with Leach.