JEFFERSON —Testimony from three Ashtabula police officers, defendant Brandon Rice, plus two tapes were reviewed Wednesday by Common Pleas Judge Alfred Mackey for a defense suppression hearing.
The hearing dealt with city police procedures in interrogation of Brandon Rice, 23, of Ashtabula, charged in the Oct. 25, 2007 death of his 4-month-old son, Braydon. Rice is to go on trial July 29 for two murder charges linked to his son’s death.
Rice was indicted Nov. 9 on the unclassified felonies by an Ashtabula County grand jury. He’s represented by defense attorney David Per Due.
Mackey granted Per Due’s motion to hold the hearing centered on suppressing the oral and video taped interviews of Rice by city police investigators Sgt. Joe Cellitti, Alan Altonen and John Bainton. A taped interview of Rice was first done by Bainton at Rainbow Babies & Children’s Hospital in Cleveland after the Rice baby died of severe head injuries Oct. 25.
Mackey made no decision whether to not allow the investigative tape after the three-hour suppression hearing.
The day the Rice baby died, the father voluntarily met with police investigators. The police interrogation was videotaped. Both tapes were played during the hearing for Mackey.
Rice pleaded not guilty to the charges in November at his arraignment. He was released on $100,000 personal recognizance bond pending trial.
Rice was arrested by Ashtabula police after the Oct. 25 interogation was completed. He was first charged in Ashtabula Muncipal Court, then the case was bound over to the county grand jury.
Representing the state Wednesday were County Prosecutor Thomas Sartini and assistant prosecutor Harold Specht Jr. Specht questioned the three police officers during the hearing to back up the tapes.
Per Due asked the officers if they properly gave his client his Miranda rights before interrogation began. Altonen said he read Rice the rights statement, although Cellitti had prepared the form.
As the officers kept the pressure on Rice to change his version of what caused the infant’s death, Rice did not seem to waver. The defendant did break down crying through the nearly two-hour video interview.
Close to the end of the detectives interview, Rice told them of tripping over a toy on the floor. He related falling on the child, then picking the child up to soothe his crying.
Late the night of Oct. 24, Rice awoke to check on the baby. He recounted finding the baby not breathing well. The couple called 911 for help.
The baby was flown to RBCH for treatment. The child died shortly after midnight Oct. 25 from severe cranial hemorrhaging..
Per Due asked his client why he did not leave the police station during the police interrogation. “I was scared and didn’t think I could leave,” Rice replied.
During video taping, Cellitti and Altonen repeatedly asked Rice to “come clean” about what caused the baby’s death.
“You and God know what happened,” Altonen told the young father at one point.
Per Due asked Altonen and Cellitti if they informed Rice he could leave at any time during the interrogation. Both said they didn’t recall telling the defendant he could leave.
Specht also queried Rice if he tried to leave the room. “I got up at one time, then they began (with) more questions,” he said.
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