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Karin Sonneman, public defender for Jason Roger Loth, argued he was not free to leave an interview with investigators March 9. As such, he should have been advised of his Miranda rights to remain silent, but because he wasn’t, the statements he made should be suppressed from being used in trial.
Winona County Attorney Chuck MacLean argued Loth was never taken into custody, and since he was free to leave at any time, there was no requirement for investigators to read Loth his Miranda rights.
MacLean called two witnesses — St. Charles Police Officer Jeff Schrock and Winona County Sheriff’s Department Investigator Jeff Mueller — to explain the nature of their interview with Loth.
Schrock said he was advised March 9 by the victim’s mother that her daughter had been sexually assaulted. Schrock said he proceeded to interview the victim and look at text messages she exchanged with Loth.
Loth became a person of interest, and Schrock said he called Mueller for help in moving forward with the investigation.
Mueller said he and Schrock set up a recorded phone call between the girl and Loth and decided to find Loth for questioning.
Schrock flagged down a tow truck in which Loth was a passenger and asked him to come to the police station to answer some questions. He said Loth came to the station voluntarily, and there was never any physical contact between the two.
Once in the station, Loth was informed he was free to leave at any time, and he spoke with the investigators, Schrock and Mueller testified. Both men said Loth made some “admissions” during the interview, leading them to arrest him on suspicion of criminal sexual conduct. Only then did Loth ask to speak with an attorney, Schrock said.
Sonneman grilled both Schrock and Mueller about whether or not they thought Loth was a “prime suspect” and the only target of their investigation. Schrock said there was no one else in mind, but Mueller said a second suspect was a possibility, though the victim named Schrock as the main offender.
“We were definitely interested in Mr. Loth,” Mueller said.
MacLean used re-direct questioning to show Schrock and Mueller only discussed arresting Loth after he made certain admissions during the interview.
Sonneman also tried to ask the men whether they would have actually let Loth go had he tried to leave. MacLean objected, and her questions were deemed irrelevant by Judge Jeff Thompson.
After an hourlong hearing, Thompson ordered Sonneman to submit written arguments on the issue by Oct. 3. He gave MacLean until Oct. 17 to submit a response. Although Sonneman hasn’t decided whether she will challenge probable cause in her argument, the option is available to her, and MacLean will be allowed to submit police reports to back up probable cause authorities used to arrest and charge Loth.
Thompson said he would take the matter under advisement Oct. 20 and issue an order as soon as possible. His order will also contain Loth’s next court date if the charges are upheld.
According to the criminal complaint, Loth told the investigators he “made a mistake” in touching the girl inappropriately more than 50 times in his home or in the backseat of her mother’s car over a six-month relationship “of sorts.”
He was arrested and charged with eight counts of criminal sexual conduct. Half the charges carry maximum penalties of 15 years in prison.
Kevin Behr may be reached at (507) 453-3524 or kbehr@winonadailynews.com.
