ELECTRONICALLY FILED

COURT OF COMMON PLEAS

Monday, December 16, 2019 12:26:09 AM
CASE NUMBER: 2019 CR 03574 Docket ID: 34118606
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO

CRIMINAL DIVISION

STATE OF OHIO, * CASE NO. 19-CR-3574

Plaintiff, * Judge O’Connell

vs. *

VICTOR L. SANTANA * MOTION TO SUPPRESS

EVIDENCE
Defendant. *

Defendant, Victor L. Santana, through counsel, hereby moves to suppress

incriminating statements that were involuntary and obtained as a result of an improper

custodial interrogation in violation of the Fifth and Fourteenth Amendments to the United

States Constitution and Art. I, Sec. 10 of the Ohio Constitution. Argument and authority in

support of this motion is set forth in the following Memorandum.

MEMORANDUM

Defendant, Victor L. Santana, has been charged with multiple counts of murder,

attempted murder and felonious assault following an investigation into a shooting at

Santana’s residence on August 28, 2019. During the investigation, Defendant was

interviewed by detectives and/or other police officers and allegedly made incriminating

statements during such custodial interrogations. Defendant submits that any incriminating

statements of Defendant must be suppressed as the statements were involuntary and made

without an accurate understanding and waiver of his constitutional rights and/or were

obtained as the result of custodial interrogation without properly being advised of his

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constitutional rights as required by Miranda v. Arizona (1966), 384 U.S. 436, and its

progeny. Any statements obtained as a result of this custodial interrogation were thus

obtained in derogation of his rights under the Fifth and Fourteenth Amendments to the

United States Constitution and Art. I, Sec. 10 of the Ohio Constitution.

More specifically, Santana was taken into custody by Dayton Police officers and

interviewed at the Safety Building on August 29, 2019 by Detectives Schloss and Geiger.

Despite a clear language barrier, Santana was interrogated for approximately thirty-five

minutes before he asked for a lawyer. Detectives Schloss and Geiger did end the interview

at that time. However, Santana, despite his previous request not to answer questions

without a lawyer, Santana was again interrogated at the Safety Building by Detectives

Schloss and Geiger on November 18, 2019. This time another Spanish-speaking person

was present to help interpret the interview. This interrogation lasted approximately eighty

minutes.

Defendant Santana submits that any incriminating statements made during the first

interrogation must be suppressed as such statements were involuntary and/or were

obtained without an accurate understanding and waiver of his constitutional rights.

Defendant further submits that any incriminating statements obtained during the second

interrogation should be suppressed as involuntary, obtained without an accurate

understanding and waiver of his constitutional rights, and in direct violation of his

expressed request and right not to be questioned without a lawyer present.

Defendant requests a hearing on this matter.

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 Respectfully submitted,

LAW OFFICE OF THE PUBLIC DEFENDER

/s/ Michael R. Pentecost

Michael R. Pentecost (0036803)
117 S. Main St., Suite400
Dayton, OH 45422
(937)225-4652
Attorney for Defendant

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was served upon the
Montgomery County Prosecuting Attorney’s Office the same date of filing via the court’s
electronic filing procedures.

/s/ Michael R. Pentecost

Michael R. Pentecost