Medley statement to be allowed in sexual battery case

Jan. 24—A last-minute effort to have a defendant's statement to a detective in a sexual battery and domestic assault case quashed failed and, barring a last minute settlement, jury trial in the case will start Thursday morning.

Brian Keith Medley, 52, whose address when arrested was in White County, was arrested Dec. 5, 2018, during a domestic dispute during which he was accused of sexual battery and assault.

Medley has been in jail since last May when he was arrested on an unrelated charge.

Defense attorney Jeff Vires filed a motion that former Crossville Police Det. Donnie Hammons and CPD Det. J.C. Hancock ignored Medley's request for an attorney to be present while being questioned.

Hammons, now with Fairfield Glade Police, testified that on a late Friday afternoon he attempted to question Medley on the accusations against him. Hammons testified that he had to stop Medley from talking so he could read him his rights and so Medley could decide whether to sign a voluntary waiver form.

Medley ended up signing the waiver of rights form but once questioning started, Medley commented, "Ain't no way I can get attorney here."

Hammons testified he responded no at that time because of the date of the incident. He added he told Medley that if he wanted an attorney, he could no longer talk to Medley.

Medley continued with the interview.

Vires argued that by asking whether he could get an attorney on a Friday evening, Medley was telling the detective he wanted an attorney present.

"He asked if there was anyway he could get an attorney," Vires argued.

Assistant District Attorney Philip Hatch played a portion of the audio of the interview dealing with the rights issue, during which Medley tells Hammons, "I'll talk to you ... I'm not pleading guilty to what she said."

Hatch added that prior to that, Hammons had stopped Medley from talking, telling him he needed to advise him of his rights, including having an attorney present.

Hatch said it appeared Medley was making a statement more than asking for the interview to stop until an attorney could be present.

Judge Gary McKenzie commented, "The detective told Medley he could get an attorney now, but if you want, I can't talk to you."

He then overruled the motion to toss out the statement.

A motion to dismiss the indictment was not acted on.

Past policy of the court has been that once a case is set for trial, the only guilty plea accepted will be to the indictment.

Negotiations are continuing, but jury selection is scheduled to begin at 8:30 a.m. Thursday.

Michael Moser may be reached at mmoser@crossville-chronicle.com