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Thursday, August 30, 2001

Rights at issue in poison case


Grade-school girls didn't sign forms

By Marie McCain
The Cincinnati Enquirer

        Four grade-school girls accused of trying to poison their teacher did not sign forms waiving their Miranda rights, even though they then provided written confessions.

        One of the Cincinnati police officers who interviewed the girls testified Wednesday that he did not have the forms for the girls to sign, but believed they understood that they had the right to not incriminate themselves.

        “In my 12 years of experience as a police officer, doing hundreds of interviews with juveniles, I have a good idea if someone is not understanding what I'm asking,” said Cincinnati Police Officer Shawn George, a school resource officer for Oyler Elementary in Lower Price Hill, where the May incident occurred.

        The girls are accused of pouring liquid drain cleaner into their teacher's water bottle.

        Another 12-year-old girl witnessed the incident and told authorities what happened, police said.

        “I was genuinely telling them, "These are your rights,'” Officer George said. “I did my best and I think I did a good job explaining to them the seriousness of the situation,” he said, adding that he did not ask any of the girls if they wanted to waive their Miranda rights.

        The girls, who were ages 11, 12, 12 and 13 at the time, are each charged with first-degree felony offenses that could keep them in juvenile detention until they turn 21 if found guilty.

        Three have been expelled and a fourth will undergo a disciplinary hearing to determine whether she can remain within the Cincinnati school district Sept. 20.

        The girls' attorneys hope to get these statements suppressed by convincing Hamilton County Juvenile Court Magistrate Elizabeth Igoe that none of their clients understood their rights.

        The case will return to court Sept. 12.

       



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