After a hearing yesterday, an Athens judge decided to review further evidence before ruling on a motion to suppress the confession of a man who is charged with kidnapping a Bowling Green State University student in January.
Attorney Patricia Jamison filed the motion Feb. 28 on behalf of Columbus resident Scott Stevens, claiming that his videotaped confession occurred before he was given his Miranda rights. Miranda rights, which include the right to remain silent and the right to have an attorney present, have to be told to a suspect before an interrogation takes place.
If an action or statement by a legal authority evokes a response, it is considered part of an interrogation, and Miranda rights should be administered, Jamison said.
However, Athens County Prosecutor C. David Warren said Miranda rights do not apply, and Stevens' confession should be viewed as voluntary statements because they were not said in direct response to questions asked by legal authorities.
Judge Michael Ward chose to review the taped confession, as well as precedent cases presented by both sides, before making a decision.
Jamison said she plans to file another motion early next week to suppress other statements made by Stevens to Athens Deputy Sheriff Jim Heater.
Stevens, 36, will go to trial April 19. He faces a charge of complicity to aggravated robbery and two counts of complicity to kidnapping for the abduction of BGSU student Kristen Wisler. Robert Norris, 36, of Zanesville, also faced charges for the kidnapping.
Wisler was grabbed and shoved into a car Jan. 16 while walking on Congress Street around 11 p.m., Athens Police Chief Rick Mayer said.
Wisler, Stevens and Norris were found by Heater approximately five hours later near a parked car on Route 550, east of Athens.
Stevens was previously convicted of grand theft in 1988 and aggravated robbery the following year in Muskingum County, serving the minimum sentence of five years. Stevens was arrested again in 1994 for grand theft and was also convicted of holding a weapon under disability in 2002. He was released from prison Dec. 1, 2004.
17 Archives
Kantele Franko
