GREEN BAY, WI (WTAQ) – A federal judge has ruled that statements made by an Oshkosh man suspected of possessing ricin made before he was read his Miranda rights will be allowed at trial.
21-year-old Kyle Smith is facing two counts, including knowingly developing and possessing ricin for use as a weapon. That charge carries a maximum penalty of life in prison.
Smith is also charged with having ricin not in its naturally occurring form and not for a reasonable purpose. That count has a maximum penalty of 10 years in prison.
Oshkosh police and the Wisconsin National Guard found one-and-a-half grams of ricin inside Smith’s apartment on Halloween, according to the criminal complaint.
Smith’s attorney argued statements Smith gave police before being read his rights should not be allowed at trial. But at the hearing Tuesday, federal Judge William Griesbach disagreed.
“The Court finds that this case is one that does fit within the public safety exception. The Court is satisfied that the officers acted in good faith, reasonably and with a real concern for public safety. The officers initial questioning of the defendant was perfectly lawful under the public safety exception; Mr. Smith was properly in custody. The Court finds no violation of Miranda and so the motion to suppress will be denied,” states the court minutes.
Trial is due to begin March 16.
(Additional reporting from FOX 11).
