BG man wants to suppress evidence in child rape case PDF Print E-mail
Written by JORDAN CRAVENS Sentinel Staff Writer   
Wednesday, 19 December 2012 10:06
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Defendent Andrew Lemay testifies during a hearing on supressing alleged confession (Photo: Enoch Wu/Sentinel-Tribune)
A Bowling Green man accused of raping a toddler wants to have an alleged confession he made to police thrown out of court.
Andrew S. Lemay, 23, appeared before Wood County Common Pleas Judge Reeve Kelsey on Monday for a suppression hearing relating to an interview between he and a Bowling Green police detective on Nov. 7, 2011. The interview, which lasted just short of an hour, was played for the courtroom.
Lemay's defense attorneys argued Lemay's statement to the detective was "not voluntary and was the result of mental coercion" and the statement "was the fruit of an illegal, unconstitutional and unreasonable detention."
According to testimony, Lemay was asked to come with two police detectives for questioning after being escorted out of his place of employment. The interview took place in the back of a police van outside of his place of employment.
Lemay's defense counsel argued he "lacks the mental or intellectual capacity to knowingly, intelligently and voluntarily give up a legal right," according to court documents.
Lemay also testified Monday he was under the influence of marijuana at the time of the interview and was told if he cooperated with detectives, he would be able to go home.
Testimony from two police detectives countered those defense arguments.
The two detectives testified no such promises were made to Lemay, that he was advised of his Miranda Rights, and that his alleged use of marijuana was not detected.
Assistant Prosecutor Heather Baker asked for the judge to dismiss Lemay's motion to suppress the evidence.
Baker argued the interview "was not coercive in any way, shape, or form," and said Lemay was not handcuffed during the interview.
Kelsey did not rule on the suppression motion Monday. He gave defense attorney Christopher Zografides two weeks to submit his closing argument and Baker a chance to respond.
His ruling will come after the motions are filed.
Lemay is charged with three counts of rape, all first-degree felonies, and three counts of pandering sexually-oriented material involving a minor, second-degree felonies. The charges stem from allegations he raped and sexually abused a 16-month-old between Oct. 24 and 26, 2011 and then sent pictures of him engaging in the acts to a 17-year-old girl living in Helena.
 

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