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YOUNGSTOWN -- The attorney for Michael Vanhorn, who is charged with nine counts of rape involving two victims, has asked Judge John Durkin of Mahoning County Common Pleas Court to suppress statements Vanhorn made.
Vanhorn, 36, of Lake Park Boulevard in Sebring, pleaded not guilty to the offenses in February, and he is being held in the county jail in lieu of $250,000 bond. Durkin ordered Vanhorn last month to undergo an evaluation to determine whether he is competent to stand trial, but the evidence suppression issue is still going forward with a hearing set for today.
His attorney, Tom Zena, requested the evaluation when Zena entered a plea of not guilty by reason of insanity for Vanhorn last month.
Zena also asked that statements Vanhorn made to an investigator Dec. 30, 2022, be suppressed from Vanhorn's trial, saying the statements were made "without proper notification to the defendant of his constitutional rights and potential effect that a statement could have on a trial of this action."
Zena added: "Neither was defendant advised that the statement could be used against him."
Zena said the detective made "no attempt ... to provide the defendant with the required written document setting forth his rights, including his constitutional right against self-incrimination. The defendant was not shown any documents; and his signature was not requested or secured as art of any waiver of his rights."
Zena stated: "Basic information which is required to be given to the defendant was completely overlooked."
DIVIDED CASES
Zena also asked in a separate motion that Vanhorn's charges be divided into two cases -- one for each alleged victim.
He also asks that -- in the event that the cases are separate -- the prosecution be banned from making any comment regarding the other alleged victim.
Caitlyn Andrews, county assistant prosecutor, meanwhile, filed a response to both motions.
Andrews noted that Vanhorn was indicted the first time March 10, 2022, on 10 charges -- one of rape, one of corrupting another with drugs, three counts of unlawful sexual conduct with a minor and other lesser charges.
While Vanhorn was in the Mahoning County jail on those charges, Sgt. Robert Smith of the Mahoning County Sheriff's Office, a detective, interviewed Vanhorn about a second alleged victim. Vanhorn admitted to committing certain offenses against the second alleged victim, Andrews stated.
The child later gave an interview to a representative of the Child Advocacy Center at Akron Children's Hospital in Boardman, and a Mahoning County grand jury indicted Vanhorn on eight additional rape counts and one count of gross sexual imposition. Those charges relate to the second alleged victim, Andrews stated.
Andrews stated that for a person to waive his or her right not to incriminate himself, the person must make those comments "voluntarily, knowingly and intelligently."
She quoted the 7th District Court of Appeals, which stated that for a person to waive his or her rights in that manner he or she "must at least understand basically what those rights encompass and minimally what their waiver will entail."
ADVISED OF RIGHTS
In this case, Smith advised Vanhorn the following: "Alright Michael, as I said to you earlier, I am Sgt. Smith. I work at the sheriff's department. I am not here for the current case you are on. I have no interest in that current case, the one you're being incarcerated on right now. I want to talk to you about another investigation that I'm conducting now.
"Just because you're in a jail setting, I'm going to give you your Miranda warnings. You can ask me questions, make sure you understand your Miranda warnings. It could be a little more clear, some of the allegations and things like that. You OK with that?"
Vanhorn said he understood.
Then Smith read Vanhorn the full Miranda warning that starts: "You have the right to remain silent." Smith asked Vanhorn if he understood the Miranda warnings.
"Yes sir," Vanhorn said.
After Smith advised Vanhorn of the new allegations by a second alleged victim, Vanhorn asked: "Should I have my attorney with me?"
Smith replied: "It's up to you whether you want an attorney. You don't have to speak to the allegations. If you say you don't want to talk about that, I can go over some jail conversations that you had with your brother."
Vanhorn agreed to to talk.
Andrews noted that Vanhorn was "told multiple times that he could stop the interview at any time." Andrews added that the U.S. Supreme Court has indicated that a defendant's decision to waive his Miranda rights does not have to be in writing to be valid.
Regarding the defense request to separate the the allegations into two trials, Andrews stated that the U.S. Supreme Court "describes joint trials as a vital part of the criminal justice system" because they "promote efficiency and and avoid inconsistent verdicts."
Kara Vanhorn, 33, also of the Lake Park Road address, Keith Vanhorn's wife, also was arraigned in February in the case.
She pleaded not guilty to child endangering, corrupting another with drugs, contributing to the delinquency of a child and failure to comply with underage drinking laws. She is free on bond, and her case is still pending.
erunyan@vindy.com