Tuesday, September 25, 2018
Staff report
YOUNGSTOWN
Judge R. Scott Krichbaum denied a motion to suppress evidence in a Youngstown man’s human-trafficking case.
David Kalna, 38, of Eleanor Avenue, faces two counts of trafficking in persons and one count of compelling prostitution.
Kalna and Alex Ramirez, whom authorities have yet to arrest, face accusations that they trafficked a family member of Kalna’s.
Atty. Jim Wise, who represents Kalna, sought to exclude from evidence an interview his client did with a Mahoning County Sheriff’s Office investigator on grounds that Kalna was not properly advised of his Miranda rights.
“With TV shows and cop shows, we take Miranda warnings for granted,” Wise said.
Assistant Mahoning County prosecutor Jennifer McLaughlin played two portions in the interview, one in which Sgt. Robert Smith discussed Miranda rights with Kalna and another in which Kalna asked for an attorney, but later asked Smith to return and continue the interview.
She cited Kalna’s criminal record, which includes four prior charges related to petty theft and drugs.
“The defendant obviously was aware of his rights,” McLaughlin said.
Judge Krichbaum agreed.
While there wasn’t a “crystal clear” example of Kalna waiving his rights, the judge ruled that Kalna’s decision to engage with the interview served as a waiver.
“The defendant knew exactly what he was doing, understood exactly what he was doing and did exactly what he wanted to do,” Judge Krichbaum said.
The judge will preside over Kalna’s trial, which is set for Monday.