The court battle over the Chardon Healing Fund is far from over, but Thursday brought a partial victory for the victims' families.
CHARDON, Ohio - D efense attorneys for TJ Lane wanted his videotaped confession after his arrest thrown out. But a Geauga County judge denied that request.
Lane was arrested Feb. 27 after a shooting spree at Chardon High School that left three teens dead and two more injured.
Geauga County Sheriff's deputy Jon Bilicic arrested Lane and is heard reading Lane his Miranda rights in the back of a patrol car. Later at the Geauga County Safety Center, Lane is videotaped during an interrogation by detectives where he admits he "shot people."
Lane also signed a statement during that interrogation after detectives reminded Lane that he was read his Miranda rights in the patrol car and doesn't have to talk.
Lane understood but said he wanted to talk.
Defense attorneys for Lane said his videotaped interrogation and statement should be tossed because Lane was not read his Miranda rights a second time at the safety center and was not in the right state of mind to make such statements.
Lane has entered a not guilty by reason of insanity plea and his attorney's claim he heard voices as a child and has mental health issues.
On Monday, Judge David Fuhry issued a 6-page statement denying the motion to keep the evidence from being entered into court proceedings.
Judge Fuhry wrote that "While the defense has claimed that the mental issues that the defendant may have suffered from impaired his ability to give a voluntary waiver, none of that is evident from the evidence admitted. The defendant himself admitted that at the time of the interview he had no psychological issues."
Fuhry also wrote, "All of the questioning was concerning the same incident and subject matter. (TJ Lane's) later statements were not in any way markedly different than from his initial statement that he had shot people. This was all part of a series of the same discussion while (Lane) was in continuous custody," he wrote, in part. "A suspect who receives adequate Miranda warnings prior to a custodial interrogation need not be warned again before each subsequent interrogation."
"The court finds (Lane) voluntarily waived his Miranda rights" and was "fully aware of that fact."
Lane's trial is set for January.
You can read the 6-page statement here: http://5.wews.com/g0uHI
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