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Prosecutors ask new judge to vacate order suppressing confession of man charged with killing a baby
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Judge John Durkin listens to testimony - Terrance Tate, whose confession was suppressed by the 7th District Court of Appeals, 8:30 a.m. The prosecution is appealing the suppression to the Ohio Supreme Court. Tate faces the death penalty.
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Terrance Tate, of Youngstown.
YOUNGSTOWN — Prosecutors are asking the judge newly assigned to the death-penalty murder case of Terrance Tate to vacate an order from another judge that suppressed Tate’s confession to police.
Martin P. Desmond and Dawn P. Cantalamessa, assistant Mahoning County prosecutors, are asking Judge R. Scott Krichbaum of the county’s common pleas court to vacate an order from Judge John M. Durkin of the same court.
Tate is charged with aggravated murder in the fatal beating of Javonte Covington on his first birthday in April 2006.
Judge Durkin excluded the confession from evidence in Tate’s trial because Judge Durkin said city police failed to warn Tate of his right to remain silent before questioning him about the baby’s injuries while he was in police custody.
The 7th District Court of Appeals upheld Judge Durkin’s ruling, and the prosecution is appealing the suppression to the Ohio Supreme Court, which will likely decide by the end of this year whether to review the matter.
In a motion filed today, the prosecutors said Judge Krichbaum should vacate Judge Durkin’s order because prosecutors didn’t receive evidence that would have affected the outcome of the hearing Judge Durkin had on suppression of the confession.
Tate’s lawyers, John B. Juhasz and Lynn Maro, could not be reached to comment.
For the complete story, see Saturday’s Vindicator and Vindy.com.