The legal team defending former Dayton-area Realtor Timothy G. Hall in Warren County against rape and sexual battery charges that date back as far as 1991 added an attorney and urged the judge to exclude evidence gathered from his home and office.
Judge Timothy Tepe scheduled a hearing for Oct. 31 in response to a motion for suppression of evidence gathered and statements made by Hall, 55, of Clearcreek Twp.
Hall’s lawyers claim evidence gathered from his office in Springboro and home in Clearcreek Twp. should not be used against him because none of the alleged crimes occurred at the home or office and the affidavit of the investigator “contains no information to support the proposition.”
In addition, Hall’s lawyers claim some evidence seized was “not related to any of the allegations” and Springboro Detective Terry Dunkel’s affidavit included no allegations “that Hall took pictures of the alleged victims that would have any evidentiary value pertaining to the alleged charges.”
The motion was filed by Springboro lawyer Kevin Hughes, and Christopher Conard and David Pierce, Hall’s two lawyers from the Coolidge Wall firm in Dayton.
As is typical in suppression motions, the defense also urged the judge to exclude all his statements to police.
“All of Hall’s statements should be suppressed because they were made to officers without the benefit of counsel and without adequate warnings of his right against incrimination,” the motion said.
Hall remains free on $150,000 bail after his arraignment in July in Warren County Common Pleas Court on 17 counts of rape and sexual battery involving minor children.
“I’ve yet to see anything in the Hall case that gives me any cause for concern as to the evidence we intend to offer at trial,” Warren County Prosecutor David Fornshell said in a text message Thursday.
After the indictment, Fornshell said the case was the result of investigation by police in Springboro and Clearcreek Twp. after one of the alleged victims called him late last year or early this year.
The case is unhindered by any statute of limitations, 25 years on these charges, because “the clock doesn’t start running” until the victims turn 18, according to Fornshell.
The charges against Hall include rape of a child under 13 and involve at least one person known to him, according to court filings.
Hall was released on house arrest with electronic monitoring, but he is permitted to leave for work, according to court records.
Hall is barred by court orders from contact with all minor children and one specific alleged victim.
He was arrested on May 3 by Clearcreek Twp. police on a sexual battery charge, pending his indictment.
According to a complaint filed in Warren County Court at the time of the original arrest, Hall was accused of inappropriately touching a female from July 1992 through July 1996.
That complaint read that Hall sent an email of his admission to the victim.
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