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Accused sex offender claims Miranda warning given improperly

A local man accused of producing and possessing child pornography is asking the federal court to dismiss evidence and his interrogation because of alleged Fourth and Fifth Amendment rights violations.

Jason Hutchinson, 4353 Campbell Road, was charged with two counts of producing and one count of possessing child pornography after the FBI executed a search warrant at his trailer, according to court documents.

On March 16, officials executed a search warrant at Hutchinson’s trailer and interrogated him.

Hutchinson’s lawyer filed two motions Wednesday saying the search warrant used at his residence was unreasonable and that his incrimination of himself during questioning was coerced.

Hutchinson said in court documents that he was not properly given his Miranda rights.

He was taken from his trailer to a police car where Task Force Officer Brett Peachey told him he was not yet arrested but he was obligated to tell Hutchinson his rights, which Hutchinson is arguing were not given correctly.

“If you don’t want to talk to me, that’s fine. If you’d like to have a lawyer present before any questioning, that’s fine. If you want to stop talking to me at any point, that’s fine. If you can’t afford an attorney, one can be appointed for you before any questions are asked,” Peachey said according to court documents.

The FBI tracked down Hutchinson after seizing a laptop and external hard drive from a known sex offender in Boston, according to court documents. Officials found two videos and numerous photographs of a man having sexual contact with a minor.

In the first video, the man was clothed and performed oral sex on a 9- to 12-year-old nude boy. In the second, the man was naked with a 10- to 14-year-old boy that he performed oral sex on and then the boy performed anal sex on the man, according to court documents.

After tying the distributor through his email address and a tip from the Boston sex offender’s lawyer, the man in the videos was allegedly identified as Hutchinson.

The first video was filmed between Jan. 1 and Dec. 9, 2009. The second was filmed on or about Nov. 14, 2011, according to court documents.

Hutchinson is asking the court to dismiss everything he told police, including his confession, on March 16 because of an incomplete recitation of his Miranda Rights and an invalid waiver, according to court documents.

He also said that the search warrant was executed without probable cause, was an unreasonable invasion of his privacy, and that the officials acted without good faith.

Hutchinson is asking the court to suppress all evidence seized that day.

The court has yet to issue a response to the motions.

ml147009@ohiou.edu

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