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CBZ2-S-St *Aow)> ose-du , a _ | "Tuesday, June 2, 1998 | »_ ga : | oo "By DEBRA 8, MOFFIT meee”, __ Judge tosses Fenton’s statements A federal court judge has thrown out state: : an mentsmadeby theman accused ofthreatening Three police officers visited Fenton at the pital, Price arrested Fenton, 41, om charges of f-'w to kill U8. Rep, John Murtha, D-Johnstown, Orchard Hotel on Dec. 3, but never read him terroristic threatsand harassment. Pricersad le#\"9 rl hi because it's unclear if Donald Lee Fenton his Miranda Tights, federal Judge D, Brooks Fenton his Miranda rights then, but failed to pat". ae Understood his rights before he started talking Smith said in the ruling. Fenton allowed them confirm that he understood them, Smith said. f with police, to enter but likely did not feel free to leave, He also didn’thave Fenton sign awatverofhis | The ruling, which could weaken the prose- Smith wrote. . rights, as is customary, Smith said, ; cution’s case, suppresses statements Fenton Stonyereek Township Police Officer Kevin Price may havb contributed to Fenton’s con: i made tolaw enforcement officers in December Price went to Fenton's residence at the hotel fusion by telling him, “I's no’big deal” at Dis- ia 1997, . . ‘With the hope of detaining hhim while they trict Magistrate Leonard ‘Grecek’s office, Federal prosecutor Leon Roviriguez couldn't waited for offcialsfrom Crisis, Cambria Coun- Smith wrote, ' be-reached for comment Monday, ty’s'mental health agency, Smith wrote. Fen After his arrest, Fenton spoke with two FBI hi Federal Public Defender Marketa Sims, who ton was then taken to Memorial Medical Cen- _ agents and two Capitol police officars at Gre- Tepresents Fenton, said only that the ruling ferfor.a psychiatric evaluation. cek’s office, Smith also suppressed statements | “speaks for itself” The day he was to be released. from the hos- - Fenton made in that interview, In January, Fenton was ~ indicted on federal charges of threatening to assassi- nateMurthaand killoneof ° s aides, ‘@ Fenton, who spent three F months in jail, has been "Gf released, but must wear an jg electronic monitoring de- ‘£4 vice, His trial is scheduled oN“ sini for Judy 6 in Johnstown's Fenton federal cout,” Fenton, riled by mechanical problems with s truck, allegedly threatened to kill an insur- ance agent and “blow Congressman Murtha’s ‘eal off” according tothe charges against (mopog vaedg uy Guiddij5 1EnoW) @o Q 4 oY an? ag Ray » *3 = oe 0 f ob ae SW AN ee v- N hae ae ; & ES) fey Seo yf gy MOE b7c YF eo? ts y) ‘ N 5 \ e § 8 if rt oe 4 : Poy uy os iS of 8 ; “~@ ‘8 ‘ Ww