Thursday, May 9, 2013

Judge throws out confession, rape prosecution in jeopardy

A Chester County, Pennsylvania Common Pleas Court judge, David Bortner, has ruled that a statement taken from a suspect in two West Chester rapes cannot be used at his trial because police questioning him had improperly circumvented his Miranda rights, reported the Daily Local.

The decision regarding the suspects Fifth Amendment rights may put the prosecution of an admitted rapist in jeopardy.

Judge Bortner ruled in favor of Orobosa Izineg “Robbie” Enagbare’s motion to suppress the statement he gave to borough investigators in which he allegedly admitted sexually assaulting a borough woman, whose boyfriend he knew, after a night of drinking.

Bortner said Detective Stan Billie, in not informing Enagbare that a warrant for his arrest had been issued a day before the interview, had purposefully acted to get around the constraints of reading him his rights to remain silent and to have an attorney present during questioning.

Bortner wrote that he believed Billie did not give Enagbare the standard Miranda notification because if he did the suspect might not have spoken with him.

“This conduct is improper and impermissible,” Bortner wrote in his six-page opinion and order, according to the Daily Local. He rejected the prosecution’s contention that Billie’s strategy was acceptable because he had told Enagbare that he was not in custody and was free to leave or end the questioning.

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