Defendant wants statements tossed: Judge to rule July 23 on whether lawyer should have been present

DIXON – Murder defendant Eric Lemons’ words may come back to haunt him at trial if a judge denies his motion to suppress potentially incriminating statements he made to investigators after his arrest in April.

» Related Link: Ashton murder defendant appealing bond ruling

The issue at hand, according to both sides, is whether the 28-year-old Ashton man clearly told Lee County Sheriff’s Department investigators that he wanted a lawyer present during questioning.

If he did, all questioning should have stopped immediately, and any statements he made after he requested a lawyer should be tossed out, according to Lee County Public Defender Bob Thompson, his attorney.

Lemons is charged with three counts of first-degree murder in the beating death of Todd Harn, also 28 and of Ashton. Police say Harn was hit in the head with a landscaping rock in his apartment.

During a hearing on the motion Wednesday, Thompson played an audiovisual tape of Lemons’ April 6 interview with Detectives David Glessner and Shane Miller. About 26 minutes into the 4.5 hour interview, Lemons said, “You guys think I did it, so I probably need a lawyer.”

That statement, along with Lemons’ defensive body language, was “clearly a statement where the defendant invoked his right to counsel,” according to Thompson.

Although Lemons never confessed to killing Harn, he might have made incriminating statements because he did not have a lawyer present, as requested, Thompson said.

Lee County Assistant State’s Attorney Peter Buh said Lemons was not clear about wanting a lawyer and, instead of halting the interview, continued speaking with investigators for several more hours.

“This defendant clearly still wished to engage in conversation,” Buh said.

Lee County Circuit Judge Ron Jacobson is scheduled to rule on the motion July 23.