A man charged with killing two Dayton teenagers in his detached garage wants statements made to law enforcement barred from use during trial.
The defense team for Victor Santana, 63, filed a motion Monday asking the court to toss the evidence against him.
Santana is accused of killing 17-year-old Dayton residents Devin Henderson and Javier Harrison and firing at a third teen who survived. Santana is charged with four counts of murder, five counts of felonious assault and one count of attempt to commit murder.
In the motion, Santana’s attorney argues that during the investigation into the shooting, Santana made allegedly incriminating statements during an interrogation involuntarily and without understanding his constitutional rights.
“More specifically, Santana was taken into custody by Dayton Police officers and interviewed at the Safety Building on August 29, 2019, by Detectives Schloss and Geiger,” the motion says. “Despite a clear language barrier, Santana was interrogated for approximately 35 minutes before he asked for a lawyer. Detectives Schloss and Geiger did end the interview at that time. However, despite his previous request not to answer questions without a lawyer, Santana was again interrogated at the safety building by detectives Schloss and Geiger on Nov. 18. This time another Spanish-speaking person was present to help interpret the interview. This interrogation lasted approximately 80 minutes.”
Santana has requested an interpreter be present at his court hearings citing that while he is an American citizen, Spanish is his native language.
The defense is arguing that “any incriminating statements made during the first interrogation must be suppressed as such statements were involuntary and/or were obtained without an accurate understanding and waiver of his constitutional rights,” the motion says.
“The defendant further submits that any incriminating statements obtained during the second interrogation should be suppressed as involuntary, obtained without an accurate understanding and waiver of his constitutional rights, and in direct violation of his expressed request and right not to be questioned without a lawyer — present,” according to the motion.
Santana is due in court today for a pre-trial hearing. He is currently incarcerated at the Montgomery County Jail.
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