Her story, told during a day-long motion to suppress hearing before Montgomery County Common Pleas Judge Dennis J. Langer, differed considerably from testimony given earlier Friday by Dayton police Detective Mary Lou Phillips.
Rivae and her husband, Brian, 50, have both been indicted on kidnapping and endangering children charges, all felonies. Arrested Jan. 27, they remain in the county jail.
The girl is the biological granddaughter of Rivae Hart. Starting when she was 3, the girl was confined in a bathroom when not in school, police have said.
The girl, her biological brother, and the Harts’ two children were all removed from the family’s home at 4825 Hassan Circle, Apt. 6. According to police, a judge in Virginia granted the Harts custody of the girl and her brother around 2004.
The Harts are seeking to suppress evidence gathered in searches of their apartment as well as some statements made to police. Brian Hart was present for the hearing Friday, but his attorneys did not call any witnesses. Rivae Hart was the only witness called by her attorney, Casey Daganhardt.
The hearing was recessed until a further date so that assistant county prosecutors can call rebuttal witnesses.
Rivae Hart said that a group of officers, both uniformed and plainclothes, came to her door and said they had a court order from a judge that would force her to sign a piece of paper one of them was holding. She said they entered the residence without permission.
“Everybody started coming in and I stepped back,” Hart said.
The officers backed her up against a table, then surrounded her, standing so close that she could not walk away from them.
“They would not let me move,” Hart said.
One of the officers put the piece of paper on the table, but covered part of the print with his hand. She protested that she could not see without her reading glasses, but the officers gave her a pen and made her sign, Hart said.
Phillips testified earlier that she went to the apartment, knocked, and Rivae answered, then moved aside so that she could enter, Phillips said.
In Hart’s version, Phillips was present but did not say anything. In Phillips’ version, the detective gave Hart the consent form and asked her to sign it, and she did — then started to explain what happened during a prior encounter with Montgomery County Children Services.
“She was very talkative,” Phillips said.
Phillips also said that Hart did not ask for an attorney before her interview with Phillips started later that day. When Hart did ask for an attorney, Phillips terminated the interview, Phillips said.
Hart claimed that, as Phillips was about to read her the Miranda rights, she asked Phillips if she could have a lawyer. Phillips only asked why, Hart said.
“I told her that I thought it would be best,” Hart said.
During cross-examination by assistant county prosecutor Janna Huber, Hart said Phillips did terminate the interview on her request and did not prevent her from obtaining an attorney, merely asking why she wanted one.
“She did not say, no, I could not have one,” Hart said.
Langer and the attorneys will have a teleconference Monday to determine a suitable date to continue the hearing.
About the Author