Originally Posted Online: Jan. 18, 2013, 6:17 pm
Last Updated: Jan. 18, 2013, 6:18 pm
Driver in triple fatality crash near Kewanee wants his statements kept out of trial
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By Lisa Hammer, email@example.com
CAMBRIDGE -- A Feb. 8 hearing has been set on motions to suppress evidence against Morgan Blakey and a statement he made after a fatal 2011 car crash near Kewanee on Nov. 29, 2011.
Mr. Blakey, 20, of Toulon, is charged with Class 2 felony aggravated driving under the influence and Class 3 felony reckless homicide for the deaths of three Stark County teens -- Levi Berg, 16, and Kelsey Clifford, 15, both of Toulon, and Bradley Wood, Jr., 18, of Wyoming -- as a result of the Nov. 29, 2011 accident.
Charges were filed against Mr. Blakey on March 1, 2012. He is free on a $10,000 bond posted on March 9. He waived a jury trial, with his case scheduled to be heard Feb. 13-15 by Henry County Circuit Court Judge Ted Hamer.
Mr. Blakey's attorney is Doug Scovil.
According to the motion to suppress evidence, officers searched Mr. Blakey's vehicle without a warrant and the search can't be justified as an inventory search because it wasn't conducted at the scene prior to the vehicle being removed.
Mr. Blakeycontends authorities searched the vehicle without probable cause to believe there was contraband in the car. His motion states he was in the hospital and did not consent to the search, nor did anyone ask him for consent.
Officers allegedly found a can of Dust-off -- a product that has been used as an inhalant by teenagers -- in the rear seat of the vehicle.
The motion to suppress Mr. Blakey's statements maintains, at no time prior to the interrogation, was he informed "in a knowing, intelligent and meaningful manner" that he had a right to remain silent, that anything he might say or do could be used against him or that he had a right to consult with an attorney.
The motion states Mr. Blakey lacked the mental capacity to appreciate and understand the meaning of his Miranda rights because of his physical, psychological, mental and drugged condition. The motion states his father actually signed the Miranda waiver of rights and thatthere is "no law that says a parent has the right to waive constitutional rights for a non-minor child."