A woman charged in connection to a 10-year-old’s death wants to prevent prosecutors from using some evidence collected in the case.
The defense team for Amanda Hinze, 28, says police failed to read Miranda rights to her and she did not voluntarily waive those rights. They also accuse law enforcement of entering Hinze’s home on Kensington Drive without consent, a search warrant, or probable cause.
“Any statements she made to police was the product of psychological pressure and coercion,” the motion reads.
Hinze is charged in connection to the death of Takoda Collins. Authorities say Takoda died after “extreme abuse” where he was locked naked in an attic and died with cuts and bruises throughout his body. Authorities say, in court documents, Takoda’s father, Al McLean, is responsible for the abuse, but that Hinze lived in the home and knew about the abuse.
Authorities also allege, in court documents, that Hinze and her sister, Jennifer Ebert, didn’t do anything to stop it and at times reported Takoda to his father knowing that Takoda would be beaten.
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Hinze and Ebert are charged with four counts of endangering children in Montgomery county Common Pleas Court. In the motion filed Tuesday, defense attorney Lucas Wilder said that evidence collected from an Apple iPad Mini, an LG Style 4 phone and evidence collected at 1935 Kensington Drive should be suppressed.
“Detectives from the Dayton Police Department interviewed defendant on four occasions: Dec. 13 (twice), Dec. 16 and Dec. 20 2019,” the motion says. “During each of these custodial interviews, law enforcement either did not read the defendant her Miranda Rights or did not properly or fully advise the defendant of her Miranda rights.”
A message for Wilder was not returned Wednesday.
The motion says Hinze did sign a consent to search forms for the iPad and the LG phone, but that law enforcement didn’t properly advise her of her rights and that she didn’t voluntarily waive those rights.
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The motion also argues “law enforcement also entered, searched for, and collected evidence from the residence located at 1934 Kensington Drive without valid consent from any of the owners or occupants, without a search warrant and without probable cause,” the motion says.
A hearing for the motion was requested.
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