Judge rules suspect's rights not violated

Bourbon County District Court Judge Gerald W. Hart has ruled that Fort Scott Police did not deny Paul S. Johnson's right to speak to an attorney, and police advised him of his rights prior to interrogation.

Police arrested Johnson, 39, the day of a police interview, and he has since been residing at the Southeast Kansas Regional Correctional Center in lieu of $150,000 bond.

Johnson was charged with one count each of aggravated criminal sodomy and criminal sodomy on a 15-year-old girl. Other charges include 11 counts of aggravated indecent liberties with a child. All are felony charges that, if a conviction is achieved on all counts, could send Johnson away for life.

The ruling dismissed a motion to suppress filed by Johnson's attorney, Mark Ward, claiming numerous violations of his client's rights during the interview. Motion-to-suppress filings are requests to a judge to keep out evidence at a trial or hearing, often filed when a party believes the evidence was unlawfully obtained.

On Oct. 31, his last day on the bench, Hart ruled that Lt. Det. Shaun West had properly advised Johnson of his Miranda rights before an interview he conducted with Johnson on April 19. Johnson was also advised of the rights before taped statements he made to police, Hart found.

"There is no question in the court's mind that, at the time Mr. Johnson spoke with Detective West and the subsequent recordings being made, Mr. Johnson fully and completely understood his protections and waived them," Hart said in a written statement. "The court fails to find any constitutional defect in any of the procedures followed by Detective West."

Ward's motion claimed West denied Johnson's right to speak to an attorney, forced him to repeat answers to questions for taping purposes, denied him a non-caffeine drink he requested when he felt the onset of a seizure stemming from mental and physical disabilities, and failed to advise him of his Miranda rights before the interview.

According to Ward's motion, Johnson said he didn't recall West or other officers advising him of his rights pursuant to Miranda, which was established in 1966 by the U.S. Supreme Court, requiring law enforcement to advise suspects of their rights to avoid self-incrimination.

Within the motion filed in August, Ward said "...the defendant had an absolute right not to incriminate himself and right to counsel."

Hart decided that it didn't matter whether police denied his right to a lawyer while en route to the police station, because he wasn't in custody at the time and the "court has serious doubt as to whether this request was in fact made."

The lewd fondling and sodomy allegedly occurred sporadically from August 2004 to December 2005, according to court documents.

A preliminary hearing was held June 9 and a judge decided there was enough evidence to bind Johnson over on all felony counts. On July 5, he pleaded not guilty to the charges and a trial date has not yet been set.