A Lancaster man charged with raping two children while baby-sitting them in 1998 asked a judge yesterday to suppress all evidence in the case.
Nathaniel Sturgill, 28, requested during a hearing yesterday that Judge Michael Ward suppress the evidence because police officers and a prosecutor violated his Miranda rights.
Sturgill said investigators continued to question him about the allegations after he asked them to stop.
Investigators are required to inform a suspect of his or her rights before an interrogation: to remain silent, ask for an attorney and to stop questioning at any time. Called the Miranda Warning, the requirement stems from the 1963 Supreme Court case Miranda v. Arizona.
Sturgill is charged with two counts of rape and one count of unlawful sexual conduct with a minor. If convicted, he could spend 11-and-a-half years to life in prison.
The investigation began in July after the victims told their parents about the incident and called the police.
On July 16, 2009, Doug Crites, then a detective with the Athens County Sheriff's Office, arrested Sturgill and took him to the Lancaster Police Department, said Sturgill's attorney, Glenn Jones. Crites read Sturgill his Miranda warning, but continued to question Sturgill after he stated, I don't want to answer any more questions
Jones said.
Crites said yesterday that he ended the interview and left the room after Sturgill asked him to stop the interrogation. Crites returned with David Kessler, an investigator with the Fairfield County Prosecutor's Office.
I don't recall telling Kessler (Sturgill) didn't want to answer anymore questions Crites said.
Kessler interviewed Sturgill about a pending investigation that was unrelated to the rape charges, Crites said, adding that Lancaster Detective B.E. Underwood then interviewed Sturgill.
Jones said Sturgill was not given his Miranda warning in the second or third interview.
Crites said he did not speak with Underwood and was not aware of the intent of his interview.
Because the second and third interviews were not about the rape case, Sturgill did not need to be given his Miranda warning again, said Athens County Assistant Prosecutor Keller Blackburn.
Ward said he could not make a decision without knowing if Kessler or Underwood questioned Sturgill about the rape after Sturgill said he did not wish to answer further questions.
Another hearing is scheduled for Friday and Blackburn said he hopes to call Kessler as a witness.
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Marika Lee
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