CHARDON -- Attorneys for alleged Chardon shooter TJ Lane want recorded phone conversations with his family and an alleged confession thrown out.
The defense filed both motions in Geauga County Common Pleas court Monday afternoon.
Channel 3 cameras were rolling when TJ Lane was arrested just after the rampage shooting at Chardon High School on Feb. 27.
There is no argument that, during the ride from the school to the jail, the arresting officer read the alleged teen gunman his Miranda rights.
Court records indicate that, in the nearly 4 hours of interrogation that followed, "the defendant repeatedly stated to officers he had heard voices and felt compelled to shoot people."
In that period of time, there were several interviews in different locations. The transcript indicates Lane said this to one investigator.
Interviewer: "When Mr. Hall was coming down the hallway and you turned toward him, did you pull the trigger at all?"
Lane: "No. I knew it was empty."
The defense argues such statements are inadmissable, even though, at times during the interrogation, exchanges like this took place.
Interviewer: "You know the officer before advised you of your rights. You know those are your rights again if you want to read them over."
Lane: "I remember."
The argument before the court is: Was one reading of his Miranda rights sufficient protection under the law for a 17-year-old who just killed three people and wounded three others?
The defense also wants thrown out recorded conversations between Lane's family members and cell phone calls they made while in a room waiting to be interviewed at the Chardon Police Department.
The defense argues they were recorded without their knowledge or consent, which is a violation of the wiretap statutes and federal communications laws.