DAYTON — A mother charged in connection with the discovery of her 7-year-old son’s remains appeared in court on Friday.
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As reported on News Center 7 at 5:00, Ashley Johnson, the mother of Hershall Creachbaum, is trying to get a judge to throw out potential evidence.
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Dayton police body camera video shows officers responding to a call about the potential kidnapping of Hershall Creachbaum in July.
His mother answers from her bed due to a foot injury.
“Sounds like a possible kidnapping,” an officer says over the radio.
The body camera video shows officers asking Johnson and Michael Kendrick, her boyfriend, questions about the boy.
Detectives also went to question Johnson. They eventually take her to the safety building for a more formal interview.
“That means this whole conversation is being recorded,” Karina Sulek, with the Dayton Police Department, says.
The body camera footage shows detectives reading Johnson her Miranda Rights and explaining them.
“Do you learn from her that her son is missing and that, in fact, her son is deceased?” Ann Gramza, with the Montgomery County Prosecutor’s Office Violent Crimes Bureau, asks.
“Yes,” Sulek says.
“Does the tone of the conversation change?” Gramza asks.
“No,” Sulek replies.
Detectives insist that Johnson knew her rights, agreed to speak with them, and never asked for a lawyer.
They add that she even helped them, unsuccessfully, search one spot for the boy’s remains.
However, Johnson’s lawyers said the detectives didn’t ask the most important questions.
“Did you ask her if she had disabilities or (was) diagnosed with learning or cognition problems?” Cheryl Bennett, Johnson’s lawyer, asks.
“No,” Sulek replies.
Bennett says Johnson didn’t understand what was happening and didn’t realize anything she said could be used against her.
She added that Johnson didn’t get her medication that day.
“Do you know what impact a lack of medication might have had on her?” Bennett asks.
“I don’t,” Sulek replies.
The hearing took about two and a half hours, and prosecutors only played two of the eight to ten different body camera videos or interviews that Johnson’s lawyer wants thrown out.
The judge will review all the videos and issue his decision sometime in April.
News Center 7 will continue to follow this story.
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