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Defense lawyers: Throw out confessions in robbery of KFC manager

Friday, August 22, 2008

YOUNGSTOWN — Lawyers for the suspects in the robbery and shooting that left KFC manager Joseph Kaluza paralyzed from the neck down argued that police didn’t properly warn the suspects of their right to remain silent before questioning them while they were in custody.

But Kasey C. Shidel, assistant Mahoning County prosecutor, said police followed the proper procedures for giving the warnings.

Judge Timothy E. Franken heard their arguments today during separate evidence suppression hearings for Taran D. Helms, who is charged with robbing and shooting Kaluza, and his girlfriend, Hattie L. Gilbert, who police said drove her car in the staged crash that preceded the robbery and shooting.

Helms’ lawyer, John B. Juhasz, and Gilbert’s lawyer, Martin E. Yavorcik, want the common pleas court judge to exclude their clients’ statements to police from evidence when they go on trial.

Helms, 22, of West Hylda Avenue, and Gilbert, 20, of East Judson Avenue, are both charged with attempted murder, felonious assault, aggravated robbery and kidnapping with firearm specifications to all counts.

Both face between six and 50 years in prison if convicted of all counts and specifications. Their trial is scheduled to begin Sept. 8.

For the complete story, see Saturday’s Vindicator and Vindy.com.