Statement of accused at issue

WARREN — A judge will decide if a statement given by murder suspect Randall Marc Thomas can be used against him during his trial.

Judge W. Wyatt McKay took the question under advisement after an evidence suppression hearing Thursday.

Thomas, 24, is accused of beating to death 2-year-old Fred Miller. Thomas was temporarily living in a Fifth Street apartment with his stepbrother Zachery Thomas, who was the live-in boyfriend of the child’s mother, Deborah Miller, at the time.

The toddler died March 31 in Children’s Hospital Medical Center of Akron after receiving initial treatment Feb. 28 at Forum Health Trumbull Memorial Hospital.

Thomas gave Warren police a statement Feb. 28 at police headquarters that county Prosecutor Dennis Watkins and Diane Barber, an assistant county prosecutor, want to use during Thomas’ trial.

They argued his constitutional right against self-incrimination wasn’t violated because he wasn’t in custody and was free to leave police headquarters at any time.

They pointed out that when Thomas asked for an attorney, he was given a ride home.

Public defenders James Lewis and Anthony3 Consoldane said Thomas should have been given his Miranda warning before asked any questions.

Authorities have said that Miller and Zachery Thomas allowed Randall Thomas to stay alone with the child.