By Andrew Welsh-Huggins
The Associated Press

COLUMBUS - The Ohio Supreme Court ruled unanimously Wednesday that prosecutors may not introduce a suspect's request for an attorney as evidence of the person's guilt.

The decision upheld a lower court ruling that ordered a new trial for Thomas Leach, convicted in Hamilton County of the 2001 attempted rape of two women at a friend's house.

The issue involved suspects who refuse to talk before being taken into custody or ask for a lawyer after being arrested and read their rights.

Attorneys for Leach argued that previous court rulings have warned prosecutors against the practice of presenting requests for attorneys as part of their case. They said it implies offenders are guilty because they have something to hide.

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

Justice Evelyn Lundberg Stratton wrote in the justices' opinion that presenting this evidence violates constitutional protections against self-incrimination.

"This testimony was clearly meant to allow the jury to infer Leach's guilt," she wrote. "Otherwise, jurors might reason, Leach would have offered his version of events to law enforcement."

Leach, 51, of Cincinnati, is serving a three-year prison term at Warren Correctional Institution.

Wednesday's decision "clearly defines now for everybody that you can tell a police officer, 'I want to talk to my lawyer,' and there won't be any consequences," said William Gallagher, Leach's attorney.

The Hamilton County prosecutor's office was reviewing the opinion and had no immediate comment, said spokesman Jon Esther. He couldn't say whether Prosecutor Michael Allen would appeal the decision.

If refusal to talk to police could be considered incriminating, people might feel forced to make a statement, which in turn could be found incriminating, Justice Maureen O'Connor wrote.

"I find this paradox constitutionally repugnant," she wrote.