The attorney representing a man charged in the death of a Cambridge City teen wants his client's remarks to police thrown out, claiming Leonard Dickey was insufficiently advised of his Miranda rights at the time of his arrest.
Attorney Timothy Neal says his client had his Miranda rights violated by police when he was arrested in May in connection with the death of Tarra Pickett, according to court documents.
Wayne County Prosecutor Mike Shipman disagrees.
Neal on Friday filed a motion for a continuance of a hearing in Wayne County Superior Court 2. Neal is requesting the court suppress any and all oral confessions, statements or admissions made by Dickey on May 22 and May 25.
Dickey, who turns 48 on Sunday, was arrested after police found Pickett's body in a public wooded area in Cambridge City.
Pickett, 16, was returning from a friend's home and police believe Dickey, a previously convicted sex offender, abducted and killed her.
His trial is scheduled to start July 21.
Neal claims that Dickey's statements should not be allowed as evidence because Dickey could not understand his Miranda rights and that the interrogation session conducted violated Fifth Amendment rights and Art. 1, Sect. 14 of the Indiana Constitution against self-incrimination
Shipman said Dickey was read his Miranda rights essentially advising him of the charges and his right to remain silent and obtain legal counsel.
"Yes, they were read to him," Shipman said Friday. "I don't recall the number of times his rights were read to him. There is no requirement under Miranda that they are repeatedly given in most circumstance."
Neal did not immediately return a Friday phone message left by the Palladium-Item.
Dickey, who is in the Wayne County Jail, is charged with felony murder, criminal deviate conduct, a Class B felony, and theft and criminal confinement, which are both Class D felonies.
Repeat sex offender allegations habitual offender charges have been added as the prosecution seeks a life sentence if Dickey is convicted without the possibility of parole.
In 2005, Dickey was released after serving 22 years in the Department of Corrections on rape and confinement convictions in Fayette County.
Dickey was out of jail and on bond awaiting trial from another alleged sexual assault offense when Pickett was killed.
He is charged with three child molestation charges. One of the charges is a Class A felony. The remaining charges are Class C felonies. Repeat sex offender and habitual offender enhancements were added to the charges.
The details surrounding Pickett's death led to the Indiana General Assembly passing legislation last session known as "Tarra's Law." The law, which was signed by Gov. Mitch Daniels in March, gives prosecutors and judges more control over denying bail for repeat sexually violent predators.
State Rep. Phil Pflum, D-Milton, sponsored the bill so there could be no more automatic setting of bail when sexually violent predators are accused of another sex crime.
who is already on the sex offender registry
..........Sarah Tofte, Human Rights Watch
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