A defense attorney is claiming a Lansing man accused of burglarizing four south county businesses last September was allowed to drink several alcoholic beverages while his parole officer and law enforcement authorities interrogated him.
The Sept. 16 confession of Christopher Balog, 37, of 2 Milliken Road, to the four burglaries was compromised because he drank six large glasses of wine and was on narcotic painkillers for a shoulder injury at the time of the interview with authorities, attorney Dennis Sedor said.
Balog's state of mind also compromised his consent to authorities searching the home he shared part-time with his mother, Sedor said. In the garage, authorities discovered an ATM that had been stolen from Smith's IGA, as well as stolen power tools, cigarettes and other property.
By the time Balog's mother came home from a bowling game, he was "snockered, smashed, slurring his words," Sedor said.
An alkasenser test conducted at the Auburn state police station found Balog had a 0.19 blood alcohol count three hours after his mother came home, Sedor said.
A hearing is scheduled for July 25 to consider evidence over whether Balog's signed statement confessing to the crimes was voluntary and knowing. Balog is accused of breaking into Genoa's King Ferry Pizzeria and bowling alley and stealing a bottle of Southern Comfort and some cash, stealing an ATM from Smith's IGA, stealing beer and cigarettes from Wilcox General Store and stealing $3,000 worth of power tools from Ag Trac Parts.
"It's more egregious he became intoxicated while under the watchful eyes of the police. I believe that is improper," Sedor said. "You can't let him get waxed and say he made a knowing and voluntary confession."
District Attorney James Vargason said Balog requested and was allowed to drink one beer by his parole officer, Phil Siracusa. Balog was on parole for the felony conviction of possession of a forged instrument.
"No, I don't think it's appropriate (for a law enforcement authorities to give a suspect alcohol)," Vargason said. "I prefer this issue not be center stage. The defendant asked for a beer. The parole officer apparently gave him one. I wish he had not."
Sedor has an uphill battle to have Balog's confession suppressed, Vargason said.
"He has to prove his client was intoxicated to the point of mania," Vargason said.
Intoxication, however, does not incapacitate defendants from telling the truth, Vargason added.
Two other men were arrested along with Balog.
Steven Linderberry, 19, of 1320 Lick St., pleaded guilty to a misdemeanor; Rodney "Buddy" Linderberry, 24, of Groton, was not charged by the district attorney's office.
Sedor said they were the ringleaders of the burglaries who used Balog's garage to stow their stolen loot, but Vargason said Balog was a much older and practiced felon who used the other two in the burglaries.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
Balog's state of mind also compromised his consent to authorities searching the home he shared part-time with his mother, Sedor said. In the garage, authorities discovered an ATM that had been stolen from Smith's IGA, as well as stolen power tools, cigarettes and other property.
By the time Balog's mother came home from a bowling game, he was "snockered, smashed, slurring his words," Sedor said.
An alkasenser test conducted at the Auburn state police station found Balog had a 0.19 blood alcohol count three hours after his mother came home, Sedor said.
A hearing is scheduled for July 25 to consider evidence over whether Balog's signed statement confessing to the crimes was voluntary and knowing. Balog is accused of breaking into Genoa's King Ferry Pizzeria and bowling alley and stealing a bottle of Southern Comfort and some cash, stealing an ATM from Smith's IGA, stealing beer and cigarettes from Wilcox General Store and stealing $3,000 worth of power tools from Ag Trac Parts.
"It's more egregious he became intoxicated while under the watchful eyes of the police. I believe that is improper," Sedor said. "You can't let him get waxed and say he made a knowing and voluntary confession."
District Attorney James Vargason said Balog requested and was allowed to drink one beer by his parole officer, Phil Siracusa. Balog was on parole for the felony conviction of possession of a forged instrument.
"No, I don't think it's appropriate (for a law enforcement authorities to give a suspect alcohol)," Vargason said. "I prefer this issue not be center stage. The defendant asked for a beer. The parole officer apparently gave him one. I wish he had not."
Sedor has an uphill battle to have Balog's confession suppressed, Vargason said.
"He has to prove his client was intoxicated to the point of mania," Vargason said.
Intoxication, however, does not incapacitate defendants from telling the truth, Vargason added.
Two other men were arrested along with Balog.
Steven Linderberry, 19, of 1320 Lick St., pleaded guilty to a misdemeanor; Rodney "Buddy" Linderberry, 24, of Groton, was not charged by the district attorney's office.
Sedor said they were the ringleaders of the burglaries who used Balog's garage to stow their stolen loot, but Vargason said Balog was a much older and practiced felon who used the other two in the burglaries.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
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