Statements, evidence from shoe can be used at Hamilton murder trial

Statements, DNA evidence were improperly obtained, defense attorney claims.

Statements made to Hamilton police and a shoe found on the porch of a residence will be permitted at trial for a man charged in December for the 2016 shooting that killed a Fairfield High School senior.

Mychel King, 24, was arrested Dec. 8 after he was indicted for the death of Jaylon Knight, who was found dead on March 11, 2016, in a car on Charles Street.

King, of Williams Avenue, is charged with murder, aggravated murder, four counts of aggravated robbery, two counts of felonious assault and one count of probation violation.

Knight, 18, died in a car in the 300 block of Charles Street. The vehicle was in front of a house, just short of striking the structure. Knight was slumped over the steering wheel with a large amount of blood inside the vehicle, police said at the time of his death.

King has been held in the Butler County Jail in lieu of $650,000 bond since his arrest. He is scheduled for trial on Aug. 9.

Defense attorney Lawrence Hawkins III filed a motion for DNA evidence and statements to be suppressed so that they can not be used at trial or the case to be dismissed for lack of evidence.

Hamilton police obtained a shoe from King’s porch and DNA from him without proper search warrant and without probable cause, according to Hawkins.

King was also interrogated twice by detectives in March 13, 2020, and Sept. 15, 2020, without first reading him his Miranda rights, the defense also claimed.

King was in Butler County Common Pleas Court on Thursday for a hearing about the shoe and interrogation sessions.

Hamilton Detective Frank Botts testified he and another detective observed the shoe in plain sight on the porch of the residence when they went to question King. The white Nike shoe was on its side. Botts said he could see a sole pattern similar to prints left at the shooting scene.

The detective picked up the shoe, photographed it, put it back on the porch and they went to get a search warrant.

Judge Keith Spaeth asked the detective, “possibility the shoe was incriminating evidence?”

Botts said yes, noting he is not saying it is a match, “but it is similar.”

Spaeth ruled the the shoe was in plain sight, law enforcement had a reason to be on the porch conducting business and there is no presumption of privacy on a porch, thus no laws were violated.

The defense argued King’s statements and DNA evidence should be suppressed because of the “unconstitutional actions by police, and the case be dismissed for lack of evidence.”

But Spaeth ruled after watching portions of the interrogation tapes, that King was advised of his right properly during both interviews. Statements can be used at trial.

The second hearing on DNA search warrants will be held on June 29 in Judge Dan Haughey’s courtroom. Because Spaeth signed those search warrants, a different judge will hear the evidence and rule to those issues.

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