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WARREN -- The attorneys for a Bedford man accused of having sexual contact with a girl who was 12 and 13 at the time of the alleged incidents is seeking to suppress an interview he gave to Warren police.
Craig S. Gillette, 28, 160 Herriman Ave., is facing a 35-years-to-life sentence if he is convicted on two counts of felony rape and three counts of unlawful sexual conduct with a minor. Gillette is scheduled for trial Aug. 14.
Investigators said in court filings that sexual contact between Gillette and the girl occurred on multiple occasions and locations in Warren and Bristolville, beginning in the fall of 2012 and continuing though October 2013.
Defense attorneys Sarah Kovoor and Michael A. Partlow are asking the court to throw out what they described as a "highly prejudicial interview" with Warren police Detective Nick Carney.
Carney testified that Gillette voluntarily agreed to speak to the police officer and was transported to the Warren Police Department in April 2016. Although he was not under arrest at that time, Gillette was read his Miranda rights.
It was not until after he was read his Miranda rights that Gillette was told the nature of the questioning, according to the defense's motion. Gillette admitted having a sexual relationship with the teen's mother over an approximately six-month period, police said.
However, when questioned whether he had a sexual relationship with the teenager, Gillette responded with questions about how much time he could be looking at, according to Carney.
During the interview, Carney said Gillette said "guys think with the wrong head."
As the questioning continued, Gillette indicated he wanted to speak to an attorney. Carney then ended the interview, gave him his card and told him if he wanted to speak again to have his attorney contact him.
Carney, however, said as they were leaving the interview room, Gillette stated, "I knew this was going to come out."
Partlow, during his cross examination, questioned when Carney turned on the video and audio recording devices, and when Gillette was told that everything said in the interrogation room would be recorded.
Carney said the recording devices were turned on prior to his entering the room. In addition, he said there is a large sign on the door across from where interviewees sit that states all conversations are recorded.
When asked whether he stopped recording when Gillette said he wanted to speak to an attorney, Carney said he does not stop recording until everyone leaves the room.
Partlow asked Carney if he had listened to the recording prior to Friday's hearing, suggesting some portions of the conversation were as not clear.
"I had no problem with the audio," Carney said.
Because there was no device to play the video and audio recordings in the courtroom, Trumbull County Common Please Judge Peter Kontos said he would review the recordings in his chambers at a later time.
Kovoor provided Kontos a transcript of the recordings, which Kontos said he also would review, but only after watching and listening to the police department's recording.
Gillette had been labeled a Tier 2 sex offender from a December 2008 conviction on an unlawful sexual conduct charge in Cuyahoga County, court records show. The sex offender status requires him to register his address with the sheriff in his county of residence every six months for 25 years.
He failed to report his location on at least three occasions, prosecutors said.
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