Confession remains void in murder case against Tate

By Ed Runyan

Prosecutors plan to use statements from an inmate in next month’s trial.

YOUNGSTOWN — A third capital murder trial is set to move forward Nov. 10 in Mahoning County Common Pleas Court after a second ruling by Judge R. Scott Krichbaum that defendant Terrance Tate’s confession to police cannot be entered into evidence.

Tate, 23, of Hilton Avenue, is accused of killing Javonte Covington, the 12-month-old son of his girlfriend, in April 2006. If convicted, he could get the death penalty.

Krichbaum, who is also presiding over the capital murder case against Michael A. Davis of Youngstown this week, ruled Tuesday that he will not change the ruling made by Judge John M. Durkin of common pleas court and affirmed by the 7th District Court of Appeals.

“This Court has no authority to change the rulings of the Court of Appeals,” Krichbaum wrote.

A third capital murder case being tried in Mahoning County involves Bennie Adams, accused of killing a 19-year-old Youngstown State University coed who lived in a downstairs apartment from him in 1985.

Mahoning County prosecutors have tried four times to keep Tate’s confession as part of their evidence — once in a suppression hearing with Durkin, once in the 7th District Court of Appeals and twice in motions filed with Krichbaum.

All four times their wishes were refused.

Durkin excluded it because he said police failed to warn Tate of his right to remain silent before they questioned him about the baby’s injuries while he was in police custody.

The most recent request — to Krichbaum — was based on information presented on attempt number one, the suppression hearing held before Durkin.

Krichbaum wrote in his judgment entry Tuesday that Tate and his mother, Bettie Badie, perpetuated a fraud upon the court by devising a “plan to lie to the Court at the suppression hearing.”

This information, recently discovered by county prosecutors, came from an inmate in Mahoning County Jail who talked to Tate there, Krichbaum wrote.

According to court documents, the inmate will be added to the witness list for the Tate trial to testify to statements Tate allegedly made in jail.

The documents say Tate told him he hit the baby two to three times in the stomach and two to three times in the head.

The inmate said Tate told him he and his mother agreed that she would say she was “held against her will” at the police station, “thus compelling [Tate] to turn himself in to police.”

In the ruling, Krichbaum did allow the trial to be moved back one week from its Nov. 3 trial date because a defense lawyer for Tate will be involved in a federal trial Nov. 3.

runyan@vindy.com