MORE: Teen rejects plea in Middletown murder case; trial set for November
Last month, Kyles was in Butler County Common Pleas Court where prosecutors indicated Kyles had rejected a plea deal of life in prison with the possibility of parole after 24 years in exchange for his guilty plea to aggravated murder with a gun specification.
Kyles offered to plead guilty to aggravated murder if he received a 20-year prison sentence, but the offer was rejected by the prosecution. Judge Charles Pater has set Kyles’ trial for Nov. 16.
On Tuesday, court-appointed defense attorneys Michele Temmel and John Kaspar were back in court with Kyles with motions to suppress statements made to police and a request for money to hire a false confession expert.
Kyles confessed to shooting Stewart, 35, at his Ninth Avenue home, according to court documents. According to a search warrant affidavit signed by Middletown Detective Kristi Hughes, after police found Stewart dead at his home, Kyles was developed as a suspect.
At the time, Kyles was also wearing a court-ordered ankle monitor for an indictment in a drug case and for participation in a gang. Both indictments were handed down last summer.
Kyles was taken into custody at a Sharon Court address after detectives tracked his ankle monitor, according to court documents.
MORE: Detective: Middletown murder part of gang battle
Defense attorneys say Kyles indicates his statements to detectives were false.
“Mr. Kyles states he provided false confession when he spoke to the police on two of three occasions. After reviewing the discovery, counsel believes this revelation warrants an expert in false confessions interview Mr. Kyles and the relevant discovery to ascertain if Mr. Kyles possesses some of the factors that point to false confession,” Temmel wrote in the motion.
Pater granted the funds to hire Dr. Scott Bressler as an expert for the defense at the rate of $2,500 for 10 hours of evaluation.
The defense also argues that Kyles’ rights were violated by police during three interrogations. In the first, the defense alleges Miranda rights were read to Kyles after eight minutes of questioning, and in the second two, they say Kyles was not properly read his rights due to his difficulties with reading and a mental condition.
“Mr. Kyles has undergone two competency evaluations. Even though he was found competent, both reports established Mr. Kyles is bipolar and has (difficulty reading),” Temmel wrote in the motion.
The defense claims the detective did not inquire about Kyles’ ability to read and write and did not explain the consequences of signing a Miranda card.
As of Thursday, the prosecution had not responded to the suppression motion. The judge set an Aug. 11 hearing for arguments on the issue.
Kyles is one of three teens charged in Stewart’s death.
In March, Camron Pawlowski, 17 and who was tried as an adult, was sentenced to prison for 15 years. He pleaded guilty to involuntary manslaughter, aggravated burglary and having weapons under disability with gang and gun specifications.
According to police and prosecutors, Pawlowski and Kyles conspired to rob Stewart. Pawlowski provided Kyles with the gun and Kyles shot Smith, according to investigators and court documents.
In February, 15-year-old boy pleaded guilty to murder in juvenile court and was sent to the Ohio Department of Youth Services until his 21st birthday.
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