A serial robber’s attempt to have evidence against him suppressed because he was allegedly high on drugs when he confessed has been rejected.
The trial against suspected robber Harold Dawson Delong Jr., 52, will go ahead as scheduled, according to Circuit Court Judge Bart Stanley. The judge denied an attempt by Delong’s defense to have evidence gained during his questioning thrown out.
Delong is charged with robbing One-Stop Market and Northside Market on consecutive days and with the robbery of Perry’s Country Store. It was the One-Stop Market heist that led to his arrest as he was caught on surveillance camera.
Delong’s image was published on the front page of the Southern Standard. Calls immediately began to flood in with callers identifying Delong as the bandit. He turned himself in a short time later. Delong told lawmen he was desperate to buy drugs.
The defense maintained investigators overstepped their bounds when they questioned Delong after his father brought him to the jail.
“At the time of the interrogation, Mr. Delong was under the influence of prescription-strength medication that impaired his ability to effectively comprehend the situation at hand or allow him to freely and voluntarily waive his constitutional rights to remain silent or have an attorney present during questioning,” Delong’s attorney, Joshua Crain, said in his motion to have his client’s confession removed.
Crain said paperwork from the jail revealed investigators should have known his client was under the influence, noting Delong told them he was “hooked on morphine” and he would be going through withdrawals.
“He advised the booking officer he had recently ingested potentially dangerous levels of drugs and alcohol,” Crain said. “Because he was under the influence of drugs at the time of his interrogation, and lacked the ability to voluntarily waive his rights, any alleged incriminating statements should be suppressed as unlawfully obtained.”
Delong is yet to have a trial date set for the robberies.