Part of the evidence collected during a forensic examination of an Oxford man accused of sexually assaulting two Miami University students in his vehicle was suppressed, Judge Keith Spaeth ruled Thursday afternoon.
The judge ruled the evidence from W. Sherman Jackson II’s genitals could not be used in court, but evidence swabbed from his mouth was not suppressed.
Some evidence “exceeded the scope” of the search warrant, the judge said. Spaeth also ruled against the defense attorney’s suppression request regarding the impounding of Jackson’s Suburban, the vehicle he used as a taxi service and where the alleged sexual assaults occurred on consecutive nights in December 2017.
Police said the vehicle was impounded before a search warrant could be obtained because they were concerned the inclement weather last winter may compromise evidence on the car’s exterior. But since Spaeth signed the search warrant for inside the vehicle and it would be a conflict, he said Judge Jennifer McElfresh will decide next week whether to suppress those items, including Jackson’s GPS, business cards, coins and log book.
Defense attorney Chris Pagan contended that Jackson shouldn’t have had his naked body examined by a female sexual assault nurse in the Oxford police department booking room. Judge Spaeth and Oxford police officer Ryan Sikora, who was present during Jackson’s genital swab, said it was the first time in their careers a female nurse examined a male rape suspect.
Oxford detective Shelly Sikora testified both alleged victims said they were intoxicated at the time of their alleged sexual assaults. They told police that Jackson sexually assaulted them in his cab on the early morning hours of Dec. 8 and Dec. 9.
One condom, allegedly used during one of the assaults, was located in a nearby Dumpster, police said.
Jackson II, the owner and operator of Sherman’s Safe Ride, is charged with three counts of rape and three counts of sexual battery involving two women. He pleaded not guilty of all charges and is free on bond.
Two women filed separate reports with police accusing Jackson, 38, of the 5200 block of College Corner Pike, of sexually assaulting them in his vehicle, according to Oxford police.
Pagan said in the motion that Jackson should receive two trials pertaining to charges in alleged crimes involving each victim, because a jury could be prejudged by hearing evidence about one incident when weighing a verdict in the other incident. Judge Spaeth ruled against Pagan’s motion.
Jackson’s trial was set for April 30, but was postponed until May 14 to allow Melynda Cook Howard to join the defense team.