AUSTINTOWN TEACHER Judge weighs motion in case

Defense attorney contends there was a violation of his client's Miranda rights.
AUSTINTOWN -- A judge is considering a motion to suppress evidence in the case of an Austintown teacher who is accused of misconduct with a student.
After listening to testimony in a hearing Wednesday in Mahoning County Court here, Judge Diane Vettori said she would take the matter under advisement.
William Iagulli, a social studies teacher at Fitch High School who is on paid administrative leave, was arrested in May and charged with telecommunications harassment and solicitation -- both misdemeanors.
The complaint against him states that on or about May 1, he solicited another to engage in a sex act for hire. He has pleaded innocent.
Iagulli's attorney, John B. Juhasz, argued for suppression of all statements Iagulli made to police and the Mahoning County prosecutor's office, and any evidence found on his home computer and other computers.
Reading of rights
Juhasz argued that Iagulli's Miranda rights were not properly given the night he was arrested. He contends Iagulli wasn't placed under arrest until after he spoke with police, signed a consent to a search and asked to speak to a lawyer. Detective Ray Holmes, who arrested Iagulli, and Assistant Prosecutor Kenneth Cardinal maintain there were no violations of his rights.
Juhasz questioned Cardinal about his presence at the police station May 11, the night of the arrest.
Cardinal said he was there to prepare an affidavit to get enough information to show the court it was necessary for a search warrant.
He said police wanted to search computers Iagulli used at home and at school.
Iagulli came in that night and made voluntary statements to Holmes while Cardinal was present, Juhasz said. Juhasz asked whether he was given his Miranda rights before he was questioned and before he realized he would be arrested.
Cardinal said he never asked Iagulli any questions. He introduced himself when Holmes brought Iagulli into a conference room at the police station, and his only other involvement was to look over a waiver Iagulli signed to allow a search of his laptop computer, he said.
Cardinal said after the hearing that Holmes, who testified earlier, also indicated he properly read Iagulli his rights.