Thursday, September 07, 2000

Father loses bid to squelch statement


He's charged with murder, rape of 2-year-old

By Steve Kemme
The Cincinnati Enquirer

        HAMILTON — Christopher Fuller testified Wednesday that he lied to police when he told them he sexually assaulted and struck his 2-year-old daughter.

        “I basically just told them what they wanted to hear so they would leave me alone and I could grieve,” he said.

Christopher Fuller
Christopher Fuller
        Mr. Fuller's attorneys asked Butler County Common Pleas Judge Matthew Crehan to throw out the statements.

        But the judge ruled that the statements can be used as evidence in Mr. Fuller's trial in October. Mr. Fuller, 29, of Hamilton, is charged with murder, two counts of rape, attempted rape and felonious assault.

        His daughter, Brandi, died March 21 from blows to her chest, authorities have said.

        Police said Mr. Fuller told them he became angry when Brandi resisted his attempts to sexually assault her, and he hit her twice in the chest. He said he had sexually assaulted Brandi two previous times, police said.

        Mr. Fuller's attorneys, Ron Morgan and Christopher Pagan, argued that he did not knowingly waive his Miranda rights when they questioned him.

        Defense witness Douglas Mossman, a psychiatrist, testified that several factors could have caused Mr. Fuller to waive his Miranda rights without realizing it. Dr. Mossman had given Mr. Fuller a psychiatric examination at the Butler County Jail in August.

        When police questioned Mr. Fuller, he was sleep-deprived and in grief, Dr. Mossman said. Mr. Fuller's social awkwardness and difficulties understanding abstractions also could have stopped him from understanding and exercising his Miranda rights, he said.

        But Mr. Fuller testified that the police detectives who questioned him treated him well and didn't threaten him or make promises.

       



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