Michael Fay is shown during the suppression hearing held earlier this month. (Putnam Sentinel/Nancy Kline)
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 said 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 admissable in court.
Fay, then 17 years old, waived his "Miranda" rights to remain silent and seek an attorney before a May 9 interview with police was conducted, Common Pleas Judge Randall Basinger wrote in his ruling. Fay then proceeded to make a statement. At no time did Fay request counsel or ask that questioning be terminated.
A second interrogation was held May 10 at the Putnam County Sheriff's Office, Basinger wrote, where Fay was asked if he still understood those rights. Fay said he did and the second interview was conducted.
Fay, now 18, is accused of killing brothers Blake, 17, and Blaine Romes, 14, on the morning of May 9. The three teens and their mothers shared a house trailer in Ottawa.
Judge Basinger also ordered that any negotiated change of plea has to be done by Oct. 15.