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Motion filed to suppress statements
YOUNGSTOWN
The police statement of a Canfield doctor accused of raping one of his patients was not properly solicited and should not be used in court, his attorneys said.
Dr. Larry Lee Smith, 71, who has a medical practice at 5 Court St. in Canfield, was indicted in November 2010 on the rape charge.
Atty. Mark Hanni filed a motion Wednesday before Judge Maureen Sweeney of Mahoning County Common Pleas Court asking the court to suppress any and all statements given to police by his client in October 2010. He also asked the court to suppress any evidence or testimony obtained as a result of those statements to police.
The victim told police she was attacked Oct. 4 during an appointment with Smith, according to a police report.
She was interviewed shortly after that appointment by Canfield police, and photographs were taken of an injury she said was related to the incident.
The motion alleges Canfield police violated Dr. Smith’s rights when they interrogated the doctor in 2010. The interrogation began in the lobby of his office, but police did not read Smith his Miranda rights before obtaining his statement and says Dr. Smith was never told he was free to leave the interrogation until after it was completed.
The filing claims the doctor involuntarily gave statements to police after he was constantly assured that if he confessed to the sexual act it would be considered consensual.
The court has not ruled on the motion.
The filing also accuses police of “Gestapo-style tactics” in a previous encounter.
Dr. Smith faced 39 counts of trafficking in drugs, failure to keep records of controlled substances and labeling in 2006. He ultimately was convicted of one count of violation of labeling, a misdemeanor.