DaytonDailyNews.com

DAYTON — An attorney for a former Dayton city employee charged with sexual battery of a co-worker has asked a judge to release nude photographs and cell phone images of his client and the woman who filed the charges against him.

Attorney John H. Rion said the explicit images demonstrate the couple's ongoing sexual relationship that in at least one instance involved a third person.

"It is further my understanding that the two carried on in a scandalous manner exchanging nude photographs on a regular basis," Rion said.

According to the motion filed in Montgomery County Common Pleas Court on Friday, May 2, Dayton police seized from Larry Miller's Jr. home photos and a cell phone with images taken on March 14, the date of the alleged sexual battering.

"Those images may help to identify an uncharged, material witness who participated in the conduct before the court," Rion said in the motion.

Assistant county Prosecutor Eric Michener said a previous sexual relationship does not nullify the alleged crime.

"If a woman or a man is incapacitated due to drugs or alcohol, it's a crime and that's exactly what (Miller) has been charged with," he said.

Miller, 42, has pleaded not guilty to four felony counts.

Two of the counts allege the victim was "unaware" the act was being committed. The other two counts claim the victim was "substantially impaired," according to court records.

The woman has declined to comment.

Rion also wants to suppress statements Miller made to police. Officers questioned Miller at 3 a.m. Saturday, March 15, according to court documents.

"... the defendant was placed in a confrontational environment and under circumstances which would render any statement or alleged confession invalid," Rion wrote in a motion to suppress. "As a result of the illegal confrontation interrogation, defendant surrendered his constitutional rights through virtue of making a statement."

Rion also said his client was not given Miranda warnings prior to being detained and questioned.

A hearing on that motion is scheduled for Wednesday, May 23 before Common Pleas Judge Dennis Langer.

Contact this reporter at (937) 225-2362 or josmith@DaytonDailyNews.com.

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