Statements made to law enforcement by a man facing two sexual assault cases will not be utilized at trial due to a “deficient” Miranda warning.
Arthur Bryar Robinson, 26, appeared in 1st District Court on Wednesday for a hearing on a motion to suppress evidence in both pending cases.
According to the motion filed with the court, Robinson was contacted by law enforcement in Park City and transported to a sheriff’s office in the area, where he was questioned by detectives. Robinson was advised at that time that he did not have to talk to police, that he had the right to legal representation and he could invoke those rights at any time.
The motion states Robinson, however, was not told he had the right to remain silent, that anything he said could be used against him in a court of law, nor that an attorney would be provided prior to questioning if he couldn’t afford one. Robinson then made incriminating statements, according to the motion.
Cache County prosecutor Griffin Hazard told the court the Miranda warning was “deficient” and no evidence from the state would be presented during the hearing.
“I expect the court will suppress those statements,” Hazard said.
Judge Brandon Maynard granted the motion to suppress and set a pretrial conference for March 22.
Defense attorney Aaron Dodd told the court that discussions with prosecutors were ongoing, but if a resolution couldn’t be reached, the case would proceed to trial.
Robinson was charged in October with two cases comprised of 10 felonies: two first-degree counts of rape, two second-degree counts of forcible sexual abuse, two first-degree counts of object rape and four counts of first-degree forcible sodomy.
Robinson pleaded not guilty to the charges after waiving his preliminary hearing on Nov. 19.
According to probable cause affidavits filed with the court, one victim told Logan City Police of two incidents of rape alleged to have happened in 2019. Police wrote the alleged victim described multiple incidents of sexual assault and inappropriate touching at Robinson’s residence over a six-month period.
During a confrontation phone call, according to the affidavit, police wrote Robinson “admitted to being manipulative, coercive, and selfish,” and to sexually assaulting her an estimated 20 times.
Another alleged victim told Cache County Sheriff’s deputies she had been sexually assaulted by Robinson seven times; the first incident was alleged to have happened in November 2016. The victim described to deputies forcible acts of sexual assault. According to the affidavits, both alleged victims told Robinson “no.”
Robinson was arrested and booked into the Cache County Jail on Oct. 26 where he is currently incarcerated.