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Davis’ arrest illegal, lawyer argues



Published: Thu, November 18, 2010 @ 12:07 a.m.

photo

Michael Davis during his Oct. 2008 sentencing

By Peter H. Milliken

milliken@vindy.com

YOUNGSTOWN

Whether the confessions of Michael A. Davis to setting the East Side house fire that killed six people Jan. 23, 2008, should have been admitted as evidence in his trial was a key issue in oral arguments in his appeal.

Spared by a jury from the death penalty, Davis is appealing to the 7th District Court of Appeals his conviction and the 310-year prison sentence he received from Judge R. Scott Krichbaum of Mahoning County Common Pleas Court.

Killed in the early morning fire on Stewart Avenue were Carol Crawford, 46; her daughter, Jennifer Crawford, 23; and Jennifer’s children, Ranaisha, 8; Jeannine, 5; Alisha, 3; and Brandon, 2. Five other people survived the blaze.

Davis’ appeals lawyer, John P. Laczko, who seeks a new trial for Davis, argued Wednesday before the three-judge panel that the confessions should have been excluded because they stemmed from the illegal arrest of Davis at his residence without a warrant or probable cause.

Laczko cited Davis’ statement in a pretrial evidentiary hearing that he believed he was under arrest when he was handcuffed at his residence.

Noting that Davis was only 18, lacked a high school diploma and had a low IQ, Laczko said the judges must look “at the totality of the circumstances” when evaluating the arrest and interrogations and whether the confessions were voluntary.

Ralph Rivera, an assistant county prosecutor, who was arguing to uphold Davis’ conviction and sentence, noted, however, that police went to the Davis residence because that was the source of the 911 call reporting the fire.

Davis was handcuffed for officers’ safety while he was transported in a police car to the police station, but he was not formally arrested until after he confessed, Rivera said.

“Police officers are allowed to handcuff an individual for their safety, and it does not equate to a formal arrest,” Rivera said.

Laczko complained that Judge Krichbaum abused his discretion when he admitted testimony from a neighbor, whose house was similarly torched three weeks before the fatal blaze.

The prosecution said that testimony was relevant to establishing Davis’ identity, but Laczko noted that Davis was never charged with setting that fire and that the neighbor wasn’t even able to identify Davis in the courtroom.

Rivera said the neighbor couldn’t identify Davis because he couldn’t see well and didn’t have his glasses on when the pre-sunrise fire occurred. Even with Davis’ confessions, “There was some issue of identity,” Rivera said.

“It wasn’t at all for the purpose of identity. It was for the purpose of prejudicing the jury, which is obviously what happened,” Laczko said. “Identity, at that point in the trial, was not an issue,” he added.

Even if Judge Krichbaum erred in admitting the testimony about the earlier blaze, “It seems to me that there’s overwhelming other evidence of guilt,” said Judge Joseph J. Vukovich.

The appeals panel, which included Judges Gene Donofrio and Cheryl L. Waite, took the case under advisement and will issue a written decision at a later date.


Comments

1Lifes2Short(3867 comments)posted 3 years, 5 months ago

"Noting that Davis was only 18, lacked a high school diploma and had a low IQ, Laczko said the judges must look “at the totality of the circumstances” when evaluating the arrest and interrogations and whether the confessions were voluntary."

Oh here we go again, no high school diploma (who's fault is that?) and boo hoo hoo only 18, (how many kids with no hs diploma and low IQ murder 6 people?) and is low IQ couldn't have been that low if he MURDERED SIX INNOCENT people. (Took some thinking on his part). And now there trying to get off with a technicality. Unreal. Davis and his blood thirsty useless lawyers should all burn in hell.
Bottom line, 6 INNOCENT people are gone because of this low life animal. He deserves the death penalty.

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2Stormieangel(136 comments)posted 3 years, 5 months ago

Well, here we go with the LEGAL system vs the non-existent JUSTICE system. For the love of Heaven, children were murdered in this fire. How can this criminal's rights be considered before the rights of these innocent children? The courts, judges, lawyers...the entire lot of them....make me sick to my stomach!!! It just makes me so mad that I could chew 10-penny nails in half. Line up folks; maybe we need to be the ones to shell out the JUSTICE and the hell with the LEGAL system in this nation!!!! An eye for an eye....I heard this means kinda like the punishment should not be worse than the crime. Well the crime killed 6 people. Somehow the death of the one person that killed 6 seems more than fair.

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3TFULLMOON(1 comment)posted 3 years, 5 months ago

So now Mr. Davis doesnt like prison and he wants a better deal. Sorry heshould be thankful he didnt get the death penalty. Innocent people are gone.Now all of a sudden he has problems if he had all these problems and was capable of this why wasnt he commited?Oh thats right i forgot these problems along with any genetic problems only become ISSUES and newly discovered after the crime

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4Stan(9923 comments)posted 3 years, 5 months ago

Without Governor Ted Strickland backing him up this boy is staying put !

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5northsideperson(361 comments)posted 3 years, 5 months ago

Would a new trial have the potential of imposing the death penalty that he escaped last time? If so, perhaps that's a good idea to "give it to him".

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