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Evidence suppression hearing heard in Seman case
By Joe Gorman
YOUNGSTOWN
A city police detective and two Mahoning County deputy sheriffs testified Thursday during an evidence suppression hearing in the capital murder case of Robert Seman.
City police Detective Sgt. Dave Sweeney testified in Mahoning County Common Pleas Court about search warrants he served at Seman’s home and property on two occasions in April 2015 – one of them just days after the March 30, 2015, fire that Seman is accused of setting at the Powers Way home of William and Judith Schmidt.
The fire killed the Schmidts and their 10-year-old granddaughter, Corinne Gump, on the day Seman, 47, was to go on trial on accusations that he raped Corinne, carrying a potential life sentence if convicted.
Sweeney is the lead investigator in the case. If convicted on charges of aggravated murder, aggravated arson, aggravated burglary and other charges, Seman could be sentenced to death.
Orientation for jurors in the case begins next Friday in the courtroom of Judge Maureen Sweeney, who is expected to rule on the evidence suppression motions before the trial begins.
Defense attorneys are seeking to suppress statements Seman made to police because he was not represented by counsel, and also some items seized through search warrants. The day of the fire, Seman came to court as the rape trial was to begin, but his bond was revoked by Judge Sweeney, based on allegations that he tried to bribe a witness in the case, for which he also faces charges.
Detective Sgt. Sweeney – no relation to the judge – testified that on the day of the fire, he interviewed several family members of Corinne, the Schmidts and Seman, and they said they were concerned for the welfare of Corinne’s mother, Lynn Schmidt, and another child. City police managed to make contact with the child at the home of Seman’s parents, but Lynn Schmidt was not found until later that day at Seman’s Calla Road home by Goshen police and members of the county sheriff’s office.
Sgt. Sweeney testified he got warrants to search Seman’s home and Jeep on April 2, 2015, and interviewed Seman in the county jail the next day, where he signed a form waiving his constitutional rights. Sweeney also got warrants April 10, 2015, to search computer equipment and a cellphone and a warrant April 15 for a cellphone that was found in the ruins of the Schmidt’s home. On April 24, 2015, Sweeney got a warrant to collect a DNA sample from Seman.
The detective said besides the interviews he did with family and friends of the victims, he also was given by Seman’s parents what he termed a “disturbing letter” written by Lynn Schmidt. The search warrants and their returns have been sealed at the request of prosecutors since they were issued.
Sgt. Larry McLaughlin testified that he went to Seman’s home about 2:30 p.m. the day of the fire with several other officers because no one could make contact with Lynn Schmidt. McLaughlin testified that the windows were covered with blankets and police knocked for 20 minutes before someone used keys that opened the door. McLaughlin said they stood in the doorway until Lynn Schmidt came out. She appeared to have been watching television, McLaughlin said.
McLaughlin said Lynn Schmidt was then taken to the Youngstown Police Department for questioning.
McLaughlin said he did not know who got the keys or how they got them. He also said they did not search the house when they went inside, but under cross-examination, he said he knew someone went into a laundry room and someone else went into another room, but he did not know who those officers were.
Deputy William Horn, who works courthouse security, also testified about taking Seman into custody the day his bond was revoked. Horn said he got Seman’s keys when he was handcuffed, but he could not remember if Seman gave him the keys or he took the keys when Seman was searched.
Horn said he then had Seman’s car towed because there was no one in court with him to drive it home. He said he searched the car before it was towed to do an inventory, which is standard procedure before a vehicle is towed. He catalogued a checkbook that was in the car along with tools and a radar detector. Horn testified that he only logged what would be expensive items so there would be a record of what was in the car when it was towed.
Under cross-examination, Horn said he could not remember if the keys he took from Seman included a house key.
Judge Sweeney also is expected to watch videotaped interviews with Seman and detectives before she makes her ruling.