Motion to suppress hearing held at murder pretrial
Tuesday, September 10, 2013 12:45 PM
OTTAWA - Putnam County Detective Roy Sargent was called to the stand Tuesday as a witness in a hearing for Michael Fay during a pretrial.
Michael Fay and defense attorney Bill Kluge listen as testimony is given during a pretrial on Tuesday. (Putnam Sentinel/Nancy Kline)
Fay, 18, is charged with two counts of aggravated murder; two counts abuse of a corpse, fifth-degree felonies; one count of tampering with evidence, a third-degree felony; and one count of grand theft of a motor vehicle, a fourth-degree felony.
The indictments stem from the May 9 deaths of Blake Romes, 17, and Blaine Romes, 14. The two were found dead and Fay was found in Columbus. Fay told authorities where to find their bodies.
During Tuesday's pretrial, a hearing was held surrounding a suppression motion on statements made by Fay on May 9 and May 10.
Sargent was questioned by both prosecution and defense attorneys on events surrounding statements made by Fay on May 9 and May 10.
During the hearing Sargent said he was called by Michelle Grothause, Ottawa, to investigate three possible missing juveniles. The detective said his observations at the home indicated there may have been injuries or harm done to the missing juveniles. He said an Amber Alert was issued.
Sargent said as the result of the Amber Alert, Fay was picked up by Columbus police. Sargent and Ottawa police officer Tammy Griffith traveled to Columbus to interview Fay.
Sargent said he was aware Fay had made statements to the Columbus Police Department indicating he had dropped the Romes brothers off at a rest stop.
Sargent also said he was aware Fay was a juvenile and had received approval from his mother to go ahead and question Fay since she stated, "Because we need to find the other two boys."
Sargent said Fay was taken into a room with no windows and a chair for questioning. Fay was informed of his Miranda Rights, including the right to remain silent and and the right to a court-appointed attorney. Fay also proceeded to sign a written statement saying he was aware of his rights.
Sargent said the interview lasted one hour and 12 minutes.Defense attorney Bill Kluge questioned Sargent about Fay's mental and emotional state during the interview.
Sargent indicated Fay was worried what his mom and the Romes boys mother would have to say to him. He said Fay indicated they could test him because he had not had drugs in a long time.
When questioned if he knew if Fay was functionally literate and could read the statement he signed, Sargent said he did not ask Fay to read the statement back to him. In later testimony Sargent indicated he was aware during the interview that Fay was a student at Elida High School. Sargent indicated Fay never asked for a lawyer.
When questioned, Sargent confirmed that Fay said the "story he gave Columbus police was crap and the real story was going to be worse when you guys really find out the truth."
Sargent said Fay indicated at the beginning of the interview on May 9 that he wanted to be honest.
"I've been in trouble before," Fay was reported to say. "I've tried to weasel my way out and that didn't work for me. I want to tell the truth this time."
Following the hearing for the suppression motion, Judge Randall Basinger said he would take the testimony and evidence presented under advisement and make a written ruling within seven days.
A motion was also filed to transfer counts 2, 4, 5 and 6 back to juvenile court. Judge Basinger said he would also take this under advisement.
Fay's trial has been set for Nov. 4. He is currently being held in Wood County Juvenile Detention Center.