Video statement will be allowed in Springhill Township shooting case
A Fayette County judge denied a motion to suppress statements made in a police video where a Lake Lynn man allegedly admitted to shooting at his neighbors in March.
William Lee Clemmer, 32, was taken into custody by Uniontown state police after he allegedly fired about 12 shots from a rifle at Judith Sanders and Jason Brooks on March 24.
In a pre-trial hearing in July, Jack Connor, Clemmer’s attorney, argued that the statement made at the state police barracks should not be used as evidence in Clemmer’s upcoming trial and charges against him should be dismissed.
Fayette County Judge Linda Cordaro denied both requests.
In her order, Cordaro stated that troopers Timothy Kirsch and William Dowling took Clemmer into an interview room where they asked Clemmer if he would have any problems with the interview being recorded. Clemmer responded he wanted to have an attorney present.
During July’s hearing, Connor argued the troopers should have provided a lawyer and not asked further questions.
Cordaro indicated Kirsch said in the video he didn’t have a problem with Clemmer wanting a lawyer, but asked again if he had any issue with them recording the interview.
“No. I didn’t do anything,” Clemmer responded on the video, again asking for an attorney.
Clemmer was permitted to use the telephone inside the interview room in the presence of Dowling and then “made unsolicited, incriminating statements while on the phone,” Cordaro wrote in the order.
The video showed that while on the phone, Clemmer stated that he “was not shooting at them” but “they were shooting at me before I even started shooting at them.”
“The defendant (Clemmer) was not informed that the recording would be ceased, nor did the defendant express any objection to the recording after the defendant initially acknowledged the recording of the interview,” Cordaro wrote.
During the July hearing, Connor stated the troopers violated the Wiretap Act, which prohibits an electronic recording without prior consent.
Cordaro said in her opinion that Clemmer implied consent with his answer to the interview being recorded, and had a phone conversation in front of a trooper after he was informed of the recording.
“By making the phone calls after impliedly consenting to the recording, and while Trooper Dowling remained in the room, (Clemmer) did not have a reasonable expectation of privacy,” Cordaro wrote.
Connor also said the police violated Clemmer’s rights because troopers continued to talk to him after he asked for a lawyer.
Cordaro explained the video shows that while Clemmer was in custody, troopers did not interrogate him, as they only asked if Clemmer had any problems with the interview being recorded and asked for the name of Clemmer’s attorney.
“After the Defendant asserted his right to counsel, there was no interrogation by the troopers,” Cordaro writes.
Clemmer is currently lodged in the Bedford County Prison in lieu of $250,000 bond.