A 19-year-old Fairborn man accused of rape against a toddler will not have his statements to police suppressed at trial. Carlos M. Young Jr. was indicted on one count of rape and one count of gross sexual imposition by a Greene County Grand Jury.

At a Wednesday hearing, Greene County Common Pleas Judge Stephen A. Wolaver ruled that statements during two interviews Young conducted with Fairborn police detectives were made voluntarily.

In his motion to the court, defense attorney Adrian King argued that police officers engaged in “psychological game playing” that resulted in Young being misled into involuntarily making statements during interviews before Young was arrested.

“(Young) was advised of his Miranda rights and he voluntarily, knowingly and intelligently waived those rights before this interview and the statements were made,” Wolaver said. “Whether or not he was in custody I don’t think becomes a major issue.”

Also, since the court earlier found the alleged victim to be too young to be competent to testify, the court also heard arguments Wednesday about whether to allow into evidence statements the toddler made to her mother and a forensic interviewer at Michael’s House children’s advocacy center.

Wolaver said he would rule on whether to admit those statements at after Young’s final pretrial hearing Aug. 29. There is no trial date set. If found guilty of rape, Young could face a life sentence. Young has been ordered to have no contact with the alleged victim or her mother.

The child’s mother testified Wednesday that she asked her daughter about some redness on her body and that the child told her mother that the defendant was responsible. The alleged activity took place between April 13 and April 16. The mother testified that she started crying when she heard what her child said and that she took her child to a hospital to be examined.

In order to allow the child’s statements into the trial, the state must prove four elements of the pertinent section of the rules of evidence. Those include the reliability of the statement, that the child’s testimony is not reasonably obtainable in court, that there is independent proof of the sexual act and that 10 days’ notice is given to all parties about the statement and which witness would be testifying about its content and trustworthiness.

King also has made a motion for the appointment of an investigator to assist in Young’s defense by interviewing prospective witnesses. Wolaver has not yet ruled on that motion.