NORWICH – DNA forensic evidence proved to be a key element in the apprehension of two men suspected of burglary and rape; police testified in court Monday that they also had a signed confession.
Stephen R. Ohl, 24, Cunningham Lawrence Road, Sherburne, appeared yesterday over charges of predatory sexual assault (Class A-II felony), first degree burglary (Class B felony), first degree rape (Class B felony), first degree robbery (Class B felony), first degree criminal sexual act (Class B felony), first degree criminal use of a firearm (Class B felony) and petit larceny. Jonathan “Joe” Elwood, 29, Ashcraft Road, Norwich, was not in court and has also been identified as a coconspirator by police. He is facing identical charges.
Head investigator Lieutenant James E. Lloyd of the Sheriff’s Office revealed in his testimony that he conducted a day-long interview with Ohl after receiving confirmation on a DNA match to the defendant. During the interrogation, he said Ohl signed a written statement admitting his involvement and his associate’s in the crimes that took place in December of 2006. During Elwood’s last court appearance police also claimed he made a similar statement admitting to some of the allegations at the time of his arrest.
The Sheriff’s Office was unable to record either men’s alleged confessions on tape or video camera. Lloyd said the recording equipment at the facility had not been functioning for a period of several months.
At Elwood’s last hearing, his attorney at the time, Peter J. McBride said, “Wait, wait, you’re telling me that in this 20 million dollar, state of the art facility – you don’t have any way of recording an interrogation?”
Similar concerns where raised at Ohl’s appearance Monday by Public Defender Alan Gordon.
Despite the lack of an electronically recorded version of either men’s confession, District Attorney Joseph McBride said police still had the statements made by each defendant with their signatures on each.
Special Intern Prosecutor Nate Guinn presented a written Miranda warning, notifying each defendant of their rights to a lawyer and their right to silence; both defendants allegedly signed them before they were interviewed by police.
Lloyd testified in court that he had repeatedly asked Ohl if he had wanted a lawyer before he signed a written statement, but Ohl had repeatedly declined.
The Chenango County Sheriff’s Office said that Elwood was armed with a “long gun” firearm during the burglary that took place on State Hwy. 12B in the Town of Sherburne. The attack happened Monday, Dec. 4, at around 11:30 p.m. when two suspects entered the home through physical force and attacked the owner. The two men allegedly decided to rape the victim, threatening to kill her if she did not cooperate. The men stole an unknown amount of cash. The woman was taken to Hamilton Hospital for her injuries and she was eventually released. Police said she has suffered serious psychological trauma as a result of the attack and is receiving treatment. Ohl and Elwood were arrested March 20, following a lengthy investigation.
“This has been a long, drawn-out affair, including the interviewing of several people, gathering physical evidence and a lot of dead ends,” said Chenango County Sheriff Thomas Loughren at the time of arrests.
Police investigators said DNA gathered at the crime scene led them to identify the suspects.
The court set bail at $150,000 cash for Elwood at his last appearance and he was remanded to Chenango County Correctional Facility.
Ohl’s attorney did not request bail. He was again remanded to the county jail on $500,000 bail.
Both men are scheduled to appear for jury trial on Nov. 26. They will be tried separately, Elwood first, then Ohl.