Is there a break for a man charged with killing a baby?

YOUNGSTOWN — A confession by a suspect in the killing of a baby must be excluded from evidence because it was obtained without his first receiving the warning of his right to remain silent, an appeals court has ruled.

A three-judge panel of the 7th District Court of Appeals unanimously upheld the decision of the trial judge, John M. Durkin of Mahoning County Common Pleas Court, to exclude Terrance Tate’s confession from evidence in Tate’s death penalty murder trial.

The prosecution, which said the confession was critical to its case, appealed Judge Durkin’s decision.

Tate, 23, of Hilton Avenue, awaits trial on an aggravated murder charge in what police say was the fatal beating of Javonte Covington on his first birthday in April 2006.

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