Published: September 04, 2008 11:56 am         

Judge Phillips overrules request to suppress Drown's statements

September 3, 2008 — Statements made by accused murderer Robert Drown will be used as evidence in the capital murder trial Dec. 1 in Johnson County.

Circuit Court Judge Rebecca Phillips overruled the request by Drown’s attorneys to suppress statements made to police by Drown following his arrest.

Public defender Brian Hewlett disputed that his client’s rights, not to speak with police without the benefit of legal counsel, may have been violated. Hewlett also argued that Drown may have been under the influence of alcohol and marijuana at the time he was interviewed, which could cast doubt on whether he made a full and knowing waiver of his Miranda Rights.

According to Kentucky State Police Detective Jim Goble and Lt. Sean Welch, Drown was advised of his rights and he signed a waiver before the interview began. At that time he was considered a person of interest in the deaths of Jennifer Ison, 31, and her daughters, Shannah, 10, and 3-year-old Marissa.

During a status hearing Monday, Phillips advised Drown and his counsel that those statements would be used in the trial.

Phillips set another status hearing for Sept. 15, but Hewlett said he still hadn’t received documents concerning the training of the arson dogs used at the Ison residence following the fire and alleged murders. “I’m also trying to obtain cell phone documents, in regards to Mr. Drown’s whereabouts by cell phone towers, before testimony is presented,” Hewlett told Phillips Monday. “I would like an expert’s advice on how towers actually operate.”

Goble testified in a prior court hearing that a review of Jennifer Ison’s cell phone records showed that Drown was the last person she spoke to prior to being killed.

Phillips asked Hewlett how long he had known that he needed those particular records. Hewlett said he had a lack of communication with Drown’s former attorney Theodore Shouse and wasn’t able to obtain all the information he needed to defend his client.

“This case is set to go to trial Dec. 1 and that is less than 90 days,” Phillips told Hewlett. “I will give you until Sept. 29. That will give you and Mr. Flatt (commonwealth attorney) time to get your memorandums ready.

Hewlett advised the judge that he wasn’t trying to delay the case. “My attempt is to handle this case properly,” Hewlett said.

Phillips set a status hearing for Oct. 6, but told Hewlett she didn’t want any other suppression motions to be filed before the hearing.

     

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