The attorney for a former Middletown City Schools employee accused of having sexual contact with an 18-year-old former student wants a Butler County judge to exclude statements made by his client to police during questioning.

El-Mon Jamil Prier, 39, of Greenview Drive in Middletown, was indicted in October by a Butler County grand jury on two counts of sexual battery — a third-degree felony — for allegedly having sexual contact two years ago with an 18-year-old male student. Prier, who has been free on his own recognizance since his Nov. 6 arraignment, is scheduled to be in Butler County Common Pleas Judge Charles Prater’s courtroom at 2 p.m. today for a suppression hearing.

His Cincinnati-based attorney, Charles McKinney, filed a motion Dec. 7 asking the court to exclude any statements from Prier, police and a student who was not the alleged victim. Prier, who faces 1 to 5 years in prison and classification as a sex offender if convicted, admitted to having sexual contact with a former student during an investigation, according to police.

“Mr. Prier was subjected to a custodial interrogation without being advised of his Miranda rights; therefore, all his statements should be suppressed,” McKinney wrote in the motion.

But prosecutors argue Prier was not in police custody at the time of the interview and was not entitled to be advised of the Miranda warnings.

“(Prier) was not under arrest when he was interviewed by (Middletown police officer Phil) Salm and Detective (Fred) Shuemake,” Assistant Butler County Prosecutor Jennifer McElfresh wrote in a response to the motion. “Defendant was told at the outset of the interview that he would be going home and that Officer Salm would take him home. Defendant was not arrested for more than nine days after the interview.”

Police began investigating Prier on Aug. 22 after a 17-year-old male student at Middletown High School reported Prier had made advances toward him via Facebook. The incident was reported to school administrators and then to police. During the investigation, Prier admitted to having sexual contact with a former student, police said.

Prier was an aide at Middletown High School and held substitute certificates from 1997 to 2006. He has held an educational aide permit since 2003.

Both Salm an Shuemake have been subpoenaed to testify in this afternoon’s hearing.