MAKEOVER Defense attorney wants statements suppressed
Man is accused of sexual assault
From staff reports
The defense attorney for a man accused of sexually assaulting a woman in May wants the statements he made to police suppressed as evidence in the case.
Julie Maxwell, attorney for Douglas Alan Dettman, 51, argued a motion to suppress the statements this morning in Olmsted District Court before Judge Joseph Chase.
Dettman, 610 Second St. S.W., No. 10, Rochester, faces three counts of first-degree criminal sexual conduct and one count of kidnapping for allegedly luring a 22-year-old woman to his apartment and sexually assaulting her.
Police arrested Dettman early May 13 after receiving a call from one of his neighbors saying a woman was screaming for help.
The woman reportedly told officers that she had been at home when Dettman, an acquaintance of her boyfriend, called. She said he told her that her boyfriend was in trouble and needed her to come to Dettman's apartment.
She reported that Dettman met her in the apartment complex's parking lot and said her boyfriend was upstairs. She went with Dettman. She said once inside, he ordered her to sit down and he allegedly tried to put duct tape over her mouth. She fought but complied with his orders after he threatened to cut her throat with a knife, she told police.
Dettman gave a statement during the investigation and allegedly told investigators he intimidated the woman and "put the fear of God into her" to make her obey his commands.
Maxwell said Dettman didn't fully comprehend his Miranda rights because he has mental health issues including post-traumatic stress and depression and was drinking alcohol before his arrest.
She said he also had to go to the bathroom during interviews with police and might have given a statement so they would allow him to use the restroom.
Dettman did not make a knowing, intelligent and voluntary waiver of his rights before talking to investigators, she said.
Senior Assistant Olmsted County Attorney Jim Spencer said there was no evidence from Dettman that he didn't understand his rights as read to him by investigators who questioned him.
Dettman knowingly waived his rights and talked to investigators, Spencer said.
The judge took the issue under advisement.