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Here's why defense team wants Kinner case tossed

Posted: 8:53 PM, Apr 18, 2016
Updated: 2016-04-19 22:39:01Z
Here's why defense team wants Kinner case tossed
Here's why defense team wants Kinner case tossed

HAMILTON, Ohio -- The defense team for a man charged in the death of a toddler wants the case thrown out over what they claim are violations of attorney-client privilege.

Bradley Young is charged with murder, involuntary manslaughter and two counts of endangering children.

Law enforcement officials in Butler County allege Young beat Kinsley Kinner so badly last year that she went in and out of consciousness, stopped breathing and eventually died Dec. 3.

 

In a motion filed Monday, Young's attorneys, Frank Schiavone III and Frank Schiavone IV, wrote that the Butler County Sheriff's Office recorded six phone calls between Schiavone IV and Young. Four went to Schiavone IV's voicemail, the attorneys wrote. But in the other two, he and Young talked for about four minutes each time: one at 9 p.m. Dec. 11 -- the day Young pleaded not guilty -- and another at 5 p.m. Dec. 15.

The men talked about Young's defense, according to the motion, and the attorneys allege Butler County Sheriff's deputies "began acting on the information received and further acted to interfere with the representation of Bradley Young."

While jail phone calls are recorded as part of standard procedure, the Schiavones wrote that Young made the calls at a phone "outside of the customary area for calls to be made." None of the phone calls in question "were preceded by the customary recorded warning stating among other things, that 'the telephone call was being recorded, except for privileged communications between attorney and client,'" they wrote.

The Shiavones wrote they got the recordings as part of trial preparation and found out that the discussion about their client's defense was included.

A hearing is scheduled for 1 p.m. Friday.

Butler County Prosecutor Michael Gmoser said he and his assistant prosecutor weren't aware of the recordings, and he didn't know how they'd hurt Bradley's defense.

"The defense motion is an overstatement of facts at best, and there has been no material prejudice to the defense as will be shown in my formal filed response shortly," Gmoser said in a statement Monday evening.

Last month, Kinsley's mother, Rebekah Kinner, pleaded guilty to involuntary manslaughter, permitting child abuse and endangering children. She faces a maximum of 25 years in prison. Her sentencing is scheduled for May.

 

Gmoser told WCPO media partner the Journal-News that Kinner will be on his witness list for Young’s trial.

Kinner is also pregnant with a son; Kinsley's father, Scott Senft. is trying to obtain custody of the unborn child. He told WCPO that he would name the boy after his half-sister Kinsley.