Prosecutors yesterday asked a Lucas County Common Pleas judge to deny a motion to suppress statements Robert Jobe made to police the morning Detective Keith Dressel was killed, asserting the defendant was aware of his rights when he made those statements.
County prosecutors made their arguments in a memorandum filed late Monday on why Judge Charles Doneghy should allow the teenager's statements to be used during his trial.
The memorandum in opposition comes in response to the argument of defense attorneys David Klucas and Ann Baronas that the 15-year-old North Toledoan was coerced into making statements to detectives.
Mr. Klucas and Ms. Baronas also claimed that because the teenager gave statements without knowing his rights, the gun police recovered because of his interview should be excluded from his trial too.
Judge Doneghy heard testimony over two days from law enforcement and the teenager's mother, Diane Jobe, about the statements made by young Jobe hours after he was arrested for the Feb. 21 shooting death of Detective Dressel.
The judge asked defense attorneys and prosecutors to submit their arguments in writing and promised a decision Oct. 4.
Prosecutors referred to video of three separate interviews with the teenager in an 18-page memorandum rebutting the youth's contention that he was coerced into providing statements.
The memorandum also said that the teenager not only waived his rights, but did so twice before talking to detectives. "Intellectually, Mr. Jobe appears quite able to comprehend what is happening," the memorandum states.
"In fact, up to the point of the third interview, Mr. Jobe had, at various times, twice acknowledged that he understood his rights both verbally and in writing, requested a lawyer, declined a lawyer, reinitiated conversation with the detectives twice, attempted to deceive detectives on numerous occasions, withheld vital information regarding the murder weapon from detectives, asked questions, responded appropriately, requested and received hospitality items such as the use of the facilities, food and drink, and even indicated a preference for a particular brand of cigarettes.
"Emotionally, Mr. Jobe appears quite calm and relaxed matching the demeanor of the detectives questioning him as his story evolves from a shot in the dark to admitted trigger man," the memorandum states.