Created: Tuesday, August 25, 2009 11:56 a.m. CST
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Judge to rule on motion in murder case: Defendant asks court to reconsider request to suppress statements

By Tara Becker 
tbecker@svnmail.com 
800-798-4085, ext. 570

DIXON – It could be a few more days before Ashton murder defendant Eric M. Lemons will know whether a Lee County judge will reverse an earlier decision to allow Lemons’ interview with investigators to be used against him at trial.

Lemons, 28, is charged with three counts of first-degree murder in the death of Todd E. Harn, also 28, of Ashton, who was killed April 5 in his apartment.

Lemons and his attorney, Lee County Public Defender Bob Thompson, asked Circuit Judge Ron Jacobson on Monday to reconsider his Aug. 4 ruling to deny a motion to suppress statements. Thompson argued that Jacobson erred when he ruled that detectives could not “rightfully believe” that Lemons wanted a lawyer during questioning.

During the April 6 interview, Lemons told investigators, “You guys think I did it, so I probably need a lawyer.” That statement, along with Lemons’ “defensive body language,” was a clear indication that Lemons wanted to have a lawyer, Thompson said.

He further argued that Lee County Sheriff’s Detectives Dave Glessner and Shane Miller acknowledged that Lemons has asked for an attorney through statements and interview notes.

Lee County Assistant State’s Attorney Jon Watson asked Jacobson on Monday to deny the motion, saying that Lemons did not make an “unequivocal” request for an attorney when he spoke with investigators.

Jacobson said Monday that he would file a written ruling by the end of the week.

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