NewsLocal NewsClermont County

Actions

Judge: Doerman's Miranda Rights were violated, interrogation not allowed at trial

Chad Doerman Three Sons
Posted at 11:38 AM, Mar 18, 2024
and last updated 2024-03-18 11:38:00-04

BATAVIA TWP., Ohio — A Clermont County judge has ruled that the Miranda Rights of a man accused of shooting his three young sons to death in the front yard of his home in 2023 were violated and, as a result, investigators' interrogations of him cannot be used at his trial.

The attorneys of Chad Doerman had filed a motion to suppress evidence, including his alleged confession, claiming deputies in the Clermont County Sheriff's Office ignored Doerman's request for a lawyer and interrogated him for three hours anyway.

Despite that, Doerman pleaded not guilty in court on June 23.

In the end, Ferenc has ruled that all statements made by Doerman during his interrogation by law enforcement will not be allowed as evidence during his trial — which includes an alleged confession.

Officials with the Clermont County Sheriff's Office announced, not long after Doerman's arrest in 2023, that he'd confessed to shooting 4-year-old Hunter, 7-year-old Clayton and 3-year-old Chase execution-style.

BODY CAM: Police arrest Ohio man who allegedly killed his 3 sons at point blank range

Ferenc agreed with Doerman's defense attorneys that Doerman's Miranda Rights were violated because Detective Mike Ross did not fully advise Doerman of his rights before beginning the interrogation.

During the February hearing, Ross took the witness stand and testified. When defense attorneys asked him about whether Doerman had been fully read his Miranda Rights, Ross admitted he hadn't recited the mandate word-for-word.

Doerman did not sign a printed waiver of his Miranda rights; Ross instead delivered the Miranda reading verbally, reading from a card, he said in court.

"You did not read all the Miranda rights on ... your card, did you?" said one of Doerman's attorneys.

"Word for word, no," said Ross.

"Well, you left out some pretty important parts didn't you?" said the attorney.

"No, I think I covered the important parts and he understood that he had the right to an attorney and that he had the right to an attorney if he could not afford one, those are the important parts," said Ross.

"You did say 'you have a right to talk to a lawyer for advice before we ask you any questions,' but the part on the card goes on to say 'and to have a lawyer with you during questioning,'" said the attorney. "You did not read that part, did you?"

"No," said Ross.

The defense attorney pointed out that while Ross informed Doerman he would be provided an attorney if he could not afford one, he failed to read a portion of the card that says if Doerman could not afford one, one would be appointed before any questioning.

"I'm not a robot," said Ross multiple times in response to questions about why he hadn't just read the Miranda rights card in its entirety.

Ferenc also ruled Doerman's Miranda Rights were again violated when detectives continued to interrogate him after he'd asked for a lawyer.

At the heart of the argument — which Ferenc heard during a nearly four-hour-long hearing in February — was whether the statement Doerman had made to detectives was an unambiguous request for council. Prosecutors and detectives said it wasn't; Defense attorneys argued it was.

"I'll wait for a lawyer," said Doerman, according to the defense's motion. "I really don't know. Give me a couple of days and let me talk to a lawyer so I can get nice, good answers."

Ferenc determined that, in making that statement, Doerman "unequivocally and unambiguously invoked his right to counsel."

He did not agree with Doerman's defense attorneys that their client's rights had been violated during meetings with medical professionals that were recorded by jail officials on body-worn cameras. Those interviews will still be allowed in court, if the prosecution chooses to use them.

In total, Doerman faces 21 separate charges connected to his alleged actions on June 15, 2023. He is charged with nine counts of aggravated murder, eight counts of kidnapping and four counts of felonious assault.

Doerman has been held in the Clermont County jail on a $20 million bond since his arrest.

RELATED:

You can watch the full hearing in the video below: