A motion to suppress in a high profile Manhattan murder case has been denied.
The ruling came from Riley County District Court Judge David Stutzman this week in the homicide case involving Cole Drake, 16, of Manhattan.
The motions hearing was held earlier this month for Drake, charged with the homicide of fellow Manhattan High school student Tyler Dowling in April of last year.
The motion to suppress involved statements made by Drake after the body of Dowling was found in a field near Eisenhower middle school. Drake reportedly confessed to shooting Dowling and defense attorneys have argued he was not properly read his Miranda rights.
Judge Stutzman found the issues the court previously engaged, analyzed, and decided in the Cole Drake homicide case still control, with Stutzman adding the previous decision to deny the motion to suppress remains the same.
The Defendant’s renewal of the motion to suppress came after Drake was certified to stand trial as an adult and gained additional counsel. Chief Public Defender Larry McRell has been added, along with previous counsel Brenda Jordan, who remains as co-counsel. Both parties briefed the issues during an August ninth hearing, the court heard further evidence, and took the motion under advisement.
However, after considering the counsels’ latest arguments, the Court, or Judge Stutzman, found the previous decision remains and the motion to suppress should be denied.
Drake’s trial is set for September 24th through the 28th.
