Judge overrules man’s attempt to suppress evidence in child rape case

Michael Luther indicted on child rape charges

A statement of facts filed in the case says law enforcement began an investigation when they were given a computer memory card with child pornography on it found in a puddle outside a bingo hall.

“The adult male had a definitive tattoo on the arm throughout some of the pictures,” the statement of facts said.

Using the evidence, officers were able to locate the address where the rapes allegedly occurred, the court document says, and the girl’s mother was able to identify her daughter, who uses a wheelchair.

The mother also identified Luther in the video, the statement says.

“Detectives … located Michael Luther, who admitted during an interview that he has raped the juvenile six-seven times when she was under 10 years of age and took pictures as well as video of the incident,” the statement says. “Michael was arrested and transported to the jail.”

An indictment filed says the rapes occurred between 2012 and 2016.

Man accused of raping girl with disability wants statements suppressed

In a motion filed in April, the defense asked that statements made by Luther be barred from use in court because they asserted Luther’s rights to counsel and against self-incrimination were violated. The motion also asks the court to find that law enforcement ignored Luther’s request for a lawyer before questioning began.

Montgomery County Judge Timothy O’Connell wrote in a ruling that he disagrees, saying that a Dayton police detective and an FBI agent advised Luther of his Miranda rights and the defendant waived them during an interrogation.

“Michael Luther is an adult. He is a high school graduate. He has some experience with the criminal justice system,” O’Connell wrote in his ruling. “He indicated he had his Miranda rights read or described to him before. He indicated that he understood his rights. The evidence is convincing that Miranda warnings were given before (the police) questioned the defendant at the Safety Building. The court concludes there is no violation of (Miranda).”

Luther’s attorney, Jeffrey Livingston, declined to comment when reached by the newspaper Thursday.