Page 10 - The Brown County Press - Sunday, October 3, 2010
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Failure to Pay Child Support and Receiving Stolen Property charges. The document continues, reading that on April 26, a tip was called in to Crime Stoppers and to Detective Donnie Wagoner of the
Brown County Sheriff’s Office implicating Hensley, his girlfriend Sara Clemens and Dallas Tincher, who is also facing the death penalty, for the murder of John Carpenter of Aberdeen. On April 30, Clemens and Tincher were arrested. “After conducting the
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interview with Sara Clemens, Detective Buddy Moor then took the taped statement of the Defendant (Hensley) concerning the Carpenter homicide. At that time the Defendant was still being held in custody at the Brown County Jail on the Child Support and Receiving Stolen Property charges.” the document reads. The memorandum said that Moore and Hensley then engaged in a “pre-interview” designed to put Hensley at ease and to gather routine information. It continues that “During the pre-interview Detective Moore testified he also told the Defendant he had the right to remain silent, that anything he said could be used against him in court, that he had the right to a free attorney, and that he could have one there for questioning. Detective Moore asked the Defendant if he understood those rights. Detective Moore testified that the Defendant understood his rights and wished to talk without an attorney. The Defendant also acknowledged his rights on the Miranda Rights Form. Detective Moore testified that the Miranda Rights were read, acknowledged and waived prior to any questioning concerning the facts of the Carpenter homicide.” Hensley’s confession was recounted in the Sept. 16 edition of the Brown County
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Press. The prosecution memorandum continued, recounting another interview with Hensley by Moore on May 3, with similar procedures regarding Hensley waiving his Miranda Rights being followed. The interview is being reported as lasting only a minute or two. On May 4, Mr. Val Lewis was appointed to represent Hensley for, according to the memorandum, “plea negotiations”. The document reads that on May 5, Hensley was transported to the Stringtown Road area of Aberdeen to Hensley to show Moore locations related to the Carpenter homicide. The memorandum said Moore testified that Hensley once again voluntarily waived his Miranda rights and that Lewis was aware of the crime scene visit and interview and that Hensley wanted to proceed anyway. On May 10, Hensley, Clemons and Tincher were all indicted on charges relating to the Carpenter murder. The memorandum said that Hensley did not stop any of the three interviews with investigators to ask for his attorney. It continues with a central argument that “The Sixth Amendment right to counsel does not attach until after the initiation of formal charges” and “An accused Sixth amendment right is offense specific. Thus, *** appointment of counsel with respect to one offense does not bar police questioning as to a second uncharged offense.” In other words, the prosecution is saying that Hensley did not have a right to a lawyer in the Carpenter murder case until he was formally indicted on May 10. The Defense disagrees, filing a memorandum in support of their motion to suppress the confession in response to the prosecutions filing. It reads in part “The State of Ohio alleges that a Defendant is not afforded a Sixth Amendment right to counsel until after the initiation of formal charges. However, the state goes on to cite Meranda vs Arizona, which holds ‘A suspect in police custody must be warned that he has the right to remain silent, that anything he says can be used against him in a court of law...’ In this matter it is (clear) that all questioning of Joseph Hensley occurred while he was in police custody.” The defense memorandum
continues that “Evidence presented in the Motion hearing asserted that the Defendant was appointed counsel Robert E. Rickey on April 23 to represent him on charges of Receiving Stolen Property and Obstruction. The State presented no testimony that Deputy Moore contacted the Defendant’s counsel prior to initiating any questioning.” “Following the logic of the State of Ohio, the defendant could have been questioned the entire eight month sentence he received for his conviction on April 28, 2010 without ever being able to invoke his right to counsel because he had not been charged. The State has clearly misstated the law.” The memorandum also questions the appointment of Lewis as an attorney of record for Hensley for plea negotiations, saying “Plea for what? negotiations According to a review of the court records there were no pending cases against the defendant at that time.” It closes by questioning the visit to Aberdeen by Hensley and his statements there to investigators. “Particularly troubling about this statement is that the State presented no evidence of the voluntariness of this statement or that Attorney Lewis had been
notified or consented that his client be subject to any further interrogations. After the appointment of counsel law enforcement is prohibited from initiating any further interrogation. Accordingly, the Defendant was deprived of his Sixth Amendment right to counsel and as a result, the Motion to suppress should be granted.” Gusweiler will issue a ruling on the motion in the coming weeks.
4-H Ox Roast slated for Oct. 8 The annual 4-H Ox Roast is slated for Oct. 8 at the Eagles Hall on North Main in Georgetown. Carryouts are available beginning at 4 p.m. and dining in side begins at 5 to 7 p.m. This year the 4-H Clubs are providing baskets for a silent auction with the proceeds to support the 4-H program. Bids will be taken from 4-7 p.m. A John Deere (toy) 4020 tractor will be among the silent auction items in memory of Bobby Connors. Proceeds from the tractor auction will be used to provide support for a 4-Her in 2011. Todd Cluxton, County Engineer will be supervising the roast of the pork and beef.
Submitted Photo
Western Brown Alumni Dylan Cahall receives Emmy Award Dylan Cahall, of Mt. Orab and a 2003 graduate of Western Brown was honored with an Emmy Award presented by the Academy of Television Arts and Sciences on July 31, 2010 in Columbus, Ohio. The Emmy was presented for Facing Life Head-On, a weekly television program available to over 100 million households. The show received the regional Emmy for a television series that was the "best of the best" in the category of Interview and Discussion.Pictured from left to right: Dylan Cahall, Editor, Brad Mattes, Executive Producer and host, and John Colmar, Director. Dylan credited the journalism and electronic media program offered to students at Western Brown for his success in television production. Dylan is the son of Holly and Grant Cahall, and grandson of Barbara Cahall.
Brown County Dog Warden quits, only one worker remains CONTINUED FROM PAGE 1 a raise was possible. The animal shelter is completely funded through the Dog and Kennel fund, with no additional county funding. “He seemed satisfied with that and he left”, Geschwind said. “Then he came back about noon and said that the job had too many responsibilities for not enough pay and that he was resigning.” Frazier’s resignation letter reads in part; “I can no longer do the job I was hired to do for the same pay. As the states cuts have made a major impact on this office, I do not want to be held responsible for the fact that the two employees being released were not considered for the positions they are already trained to do. It creates more of a workload for me, not to mention having to train all new employees.” The “employees being released” that Frazier is referring to are two employees that were paid for by federal funding. That funding ended on Oct. 1, leading employees Karen Barker and Pat McKenzie to be let go. Geschwind said that McKenzie is one of the 22 individuals that have applied for the open position of Deputy Dog Warden and that Barker had not applied. Barker left the Animal Shelter as an employee on Sept. 24 and McKenzie left on Oct. 1.
The position of Chief Dog Warden for Brown County is now being advertised publically. The application deadline is Oct. 6 at 4 p.m. Applications are available from the Brown County Commissioners Office at 900 Mt. Orab Pike in Georgetown or from the Brown County Website at www.browncountyohio.gov. Geschwind said that until the two positions are filled, the Animal Shelter will be maintained by Craig and humane society volunteers. “With their help, we’ll get through this”, Geschwind said.
Humane Society volunteer Jan Staubach said her organization is already on the job. “We’ve been taking care of the office and the dogs as need be, helping out with feedings and shots and other things”, she said. Staubach also said she was sorry to see Frazier go. “He really cared about the animals and we worked well together with him”, she said. Staubach added that dog calls would continue to be serviced, with humane society volunteers like her husband Ray riding along with Craig. Frazier did not return a telephone call seeking comment for this story.
Non-profits tax status in jeopardy CONTINUED FROM PAGE 1 published. The following is the list of organizations in Brown County that are affected: Brown County Genealogical Society, Georgetown Brown County Community Arts Council Inc., Hamersville Christian Discipleship International, Inc., Georgetown Clermont County Youth Athletic Assn., Hamersville Disabled American Veterans, Dr. G.P. Tyler Jr. Post, Ripley Eagles of Brown County Education Corp., Georgetown Edmund Glenn Burke Pioneer Homestead Assn., Hamersville Fairplain Improvement Company, Inc., Ripley
Family, Career and Community Leaders of America, Western Brown High School Fayetteville Youth Football Assn., Fayetteville Fayetteville-Perry Community Organization, Fayetteville Gospel Singing Travelaires, Fayetteville Lake Waynoka Lions Club Knights of Columbus, Ripley Council Mt. Orab Women’s Club, Mt. Orab Five Points Soccer Assn., Fayetteville Ripley Say Soccer, Ripley Veterans of Foreign Wars Post 9772, Mt. Orab Western Brown Youth Football Assn., Mt. Orab
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Motion to suppress Hensley confession debated in court hearing