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Judge orders suppression of some of Fay statements PDF Print E-mail
Wednesday, September 25, 2013 12:18 AM

By Nancy Kline

DHI Correspondent

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OTTAWA — Putnam County Common Pleas Judge Randall Basinger ruled Thursday that some statements Michael Fay made to police before they charged him with double murder cannot be used as evidence against him.

Judge Basinger has ruled that statements made on May 10 be suppressed and added the state shall not be permitted to use these statements in the state’s case. He also overruled the request to suppress statements made on May 9, stating that these would be admissible in court.

Fay, now 18, is accused of killing brothers Blake, 17, and Blaine Rooms, 14, on the morning of May 9. The three teens and their mothers shared a house trailer in Ottawa.

The initial investigation was conducted at the Columbus Ohio Police Department on May 9, where Fay was in custody. It was conducted by Putnam County Sheriff Detective Roy Sargent and Ottawa Police Officer Tammy Griffith.

After being advised of his Miranda rights, Fay was asked to sign a waiver form. Prior to signing it, Fay questioned if his mom was present. Sargent responded that she was not and questioned Fay if he had talked to her. Fay responded no and proceeded to state he understood his rights and signed the written waiver form.

He then proceeded to make a statement. At no time did he request counsel or ask that questioning be terminated.

Fay was then transported from Columbus to the Putnam County Sheriff Department where he was re-interviewed on May 10 by Sargent and Griffith. It was indicated that no additional Miranda warning was given to the defendant but the defendant was questioned whether he still understood his rights and he indicated “yeah”.

Fay did not request counsel at the May 10 interrogation nor did he request to remain silent or that the questioning cease.

Assistant Prosecutor Todd Schroeder has filed a motion to reconsider the decision.

Judge Basinger also ordered that any negotiated change of plea has to be done by Oct. 15. The trial date has been set for Nov. 11.

 

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