Judge allows statement in trial

Defense attorney Damian Billak argued that the statement was improper.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- When Wayne Gilliam goes on trial Monday in the drive-by shooting death of a 3-month-old baby, prosecutors will be able to use his own words against him.
Gilliam, 21, of Euclid Avenue, faces seven felony counts, including aggravated murder and attempted aggravated murder. Police say he was the driver of a car that John Drummond Jr. of Allerton Court was shooting from March 24.
Shots were fired at a Rutledge Drive home, with at least one bullet hitting and killing infant Jiyen C. Dent Jr., who was in a swing in the living room.
Drummond was indicted on the same charges as Gilliam, but he faces the death penalty if he is convicted. Prosecutors did not seek a death specification against Gilliam because he had been cooperative with authorities during their investigation.
Defense attorney Damian Billak said police "coerced and cajoled" Gilliam into cooperating by promising him favorable treatment if he helped them. He filed a motion seeking to block use of the statement he made to investigating officers shortly after his arrest, arguing that it was taken under false pretenses.
Judge's ruling
After a hearing Friday, Judge Maureen A. Cronin of Mahoning County Common Pleas Court ruled there was no evidence to back up that claim and said the statement can be used at trial.
Billak said detectives went so far as to bring an assistant city prosecutor into the room during the interview with Gilliam, which is extremely rare. He said it was part of the scheme to induce a statement from Gilliam by promising to go easy on him in exchange for his testimony against Drummond.
But Detective Sgt. Jose Morales said no such promises were made to Gilliam.
"All we told him was that any information he gave us would be passed along to the prosecutor," Morales said.
He said that's when Gilliam asked for a prosecutor to be brought in to the room.
Prosecutor's contention
Assistant prosecutor Timothy Franken said Billak's motion to suppress the statement should have been thrown out without even a hearing because it included no facts or specific reasons.
"This is basically a fishing expedition," Franken told the judge. "He wants to have a hearing to see if he catches anything, but that's not the way it works."
The judge allowed the hearing to go forward but only on the limited question of whether promises had been made to Gilliam.
bjackson@vindy.com