“Police must scrupulously honor the defendant’s exercise of his right to cut off questioning,” Laghaoui’s new lawyer, Nadeem Quraishi, said in a motion urging Judge Michael Gilb to suppress his statement, as well as evidence gathered by investigators.
Laghaoui remains in the Warren County Jail on $2 million bond.
He faces 10 charges, including the attempted murder of a Warren County sheriff's deputy, and charges alleging he also wounded his father and fired an assault rifle at a neighbor and into apartments in the complex in Landen where he and his family lived.
“The entire Landen area was surrounded and residents were instructed to shelter in place inside their locked homes. A massive manhunt then followed,” Assistant County Prosecutor John Arnold said in a response filed Monday in Warren County Common Pleas Court.
Helicopters, trained dogs and police from surrounding areas helped search for Laghaoui and control access to the area before Laghaoui returned and was taken into custody without incident.
Quraishi urged Gilb to bar the use of statements made by Laghaoui after he said he was unwilling to speak to detectives.
“After initialing and signing the form, Detective Jay Henning asked whether Laghaoui wanted to speak to them. He declined,” Quraishi said in a motion accusing investigators of using tactics tricking Laghaoui into making a recorded statement.
Today Arnold and Quraishi are expected to argue over the use of the statements and evidence gathered from the apartment and Laghaoui’s 2003 Lincoln Towne Car.
Arnold claims Laghaoui’s statement was “voluntarily made,” while acknowledging “some confusion arose as to whether or not the defendant wanted to make a statement. Upon clarification, the defendant continued to speak with officers for approximatley one and a half hours.”
Arnold also dismissed Quraishi’s attack on misstatements in the warrants made “in good faith,” as investigators worked to build their case.
Arnold added that Laghaoui, shirtless when he was arrested, was given a shirt and water and offered medical treatment.
Quraishi, who was hired by Laghaoui's family in September, also filed a motion claiming Laghaoui should be found not guilty by reason of insanity. This continues a process, begun by a lawyer appointed to represent Laghaoui.
In September, Gilb ruled Laghaoui was competent to stand trial, but the judge has yet to rule on whether he was insane at the time of the active-shooter incident. Deputy Katie Barnes and Abdessadek Laghaoui were wounded and a neighbor testified that he was shot at after encountering Mohammed Laghaoui while walking around the complex.
Authorities continue to search for the rifle allegedly used in the shooting. But they found ammunition for an automatic rifle, a passport, multiple cell phones and other computers and electronic devices they say could help them prove their case.
The hearing is scheduled to begin at 9 a.m. in Gilb’s courtroom.
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