Evidence OK’d for use in trial

A rape suspect’s written confession and a police search of his Lawrence apartment will be allowed as evidence at trial, a Douglas County judge ruled Tuesday.

But the suspect’s attorney, Kevin Babbit, indicated to Judge Michael Malone that a plea agreement might be worked out before a pre-trial hearing Thursday.

During two hearings this month before Malone, Babbit argued that his client may have been intimidated and tired after a four-hour interview with police about the rape during the early morning hours of Dec. 28. During that time, the man wrote out three statements and gave them to police on stationery that had the Miranda rights printed on them. In the last statement the suspect said he sexually assaulted the woman and battered her after giving her a ride from Club Axis, 821 Iowa.

Babbit also said intimidation may have played a role in his client’s signing of a “consent to search” form allowing an officer to enter his apartment. He said there were several officers present outside the man’s apartment in the 2400 block of Alabama. Babbit said the man may not have realized he had a right to refuse to sign the form.

But Malone said he heard nothing to indicate the officers acted improperly.

Lawrence police Officer Matt Weidl testified he entered the man’s apartment and found a trail of blood on the bedroom carpet and a photo identification card of someone who appeared to be the victim.

The Journal-World generally does not print the names of sex crime suspects until they have been convicted.