|Confessions thrown out|
|Written by BILL RYAN Sentinel Staff Writer|
|Tuesday, 09 July 2013 08:06|
The Sixth District Court of Appeals has ruled the confession of Jason Rybarczyk for the alleged rape of a 4-year-old girl in 2011 is not admissible.
In its ruling the court focused its decision on the action by two members of the Bowling Green Police Department during a non-custodial interrogation. It was during that interrogation that the alleged confession was obtained.
Common Pleas Court Judge Robert Pollex previously ruled to suppress the alleged confession of the defendant, based on a defense motion. The Wood County Prosecutor’s office appealed the lower court’s decision. The appellate ruling was made based on a hearing by the three-judge panel.
“Obviously we are disappointed with the decision by the Court of Appeals,” said Paul Dobson, count prosecutor.
The prosecutor said other options include asking the court to reconsider its decision, proceeding with the case without the confession or even dismissing the case.
“We also have the option of asking the court to reconsider its decision. We haven’t decided how we are going to pursue the matter,” Dobson said.
Rybarczyk, age 32, formerly of Waterville, now listed with an Oregon, Ohio address, was subsequently charged with 11 counts of illegal use of minor in nudity, and one count of possession of criminal tools. That second case was placed on hold pending the appellate court decision.
The rape charge is a first-degree felony offense. The definition of rape according to Ohio law, includes various forms of sexual conduct.
Pollex granted a defense motion to suppress the evidence including the confession made in the interrogation due to the nature of the methods used to obtain the confession.
At the appeal hearing, David Romaker argued for the prosecution that the audio tape of the discussion/interrogation of the defendant revealed the defendant was alert and at ease. He deemed it to be good police work and the confession should be allowed as evidence in the case.
Thomas Sobecki, on behalf of the defendant, argued there were many “implied promises” by the officer thus nullifying the confession. His argument was because of the volume of promises made to his client for possible probation and other services.
In upholding Pollex’s decision to suppress the confession, the appellate court ruled two detectives of the Bowling Green Police Department “made false promises of leniency to appellee (Rybarczyk). White stated that people who deny that anything happened end up in prison for 10-15 years, whereas people who admit it happened and it was a mistake get probation.”
The three judge panel of Mark L. Pietrykowski, Stephen A. Yarbrough and James D. Jensen, all agreed. Their ruling indicated the state argues the defendant did not rely on the officers’ statements when he made his confession.
“We disagree,” the judges stated quoting the taped interview where Rybarczyk was said to have “referenced the statements about prison and probation.”
The judges thus concluded, “It is clear from the record that the combination of the persistent lies regarding physical evidence linking appellee to the child and the threat of prison versus the hope of probation overcame appellee’s free will and improperly coerced his confession.”
The case was referred back to Pollex’s court.
It is now up to Dobson and his staff as to how these cases will proceed, if at all.
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