Suspect's statements made while drinking suppressed

By The Citizen

Tuesday, September 13, 2005 10:05 AM EDT

Both written and oral statements made by a suspect who was allowed to drink alcohol during questioning by police have been suppressed as trial evidence, Cayuga County Judge Peter Corning ruled Monday.
Corning had previously ruled that written statements made by Christopher Balog, 37, 2 Milliken Road, Lansing, confessing to a series of burglaries at four south county businesses last September would be suppressed, but that his oral statements to authorities on Sept. 16 would be admissible.

Balog had contended that his confession to the burglaries and consent to the search were compromised because he drank one beer, 10 16-ounce servings of wine and took his prescribed painkillers during the three-hour interview with two state police investigators.

Prosecutors filed a limiting motion asking that the defense also not be allowed to discuss the alcohol consumption during the confession, but instead Corning decided to rethink his previous decision and not allow any statements given that day, written or oral, to be admissible at trial, said Chief Assistant District Attorney Jon Budelmann.

Budelmann said the prosecution will now rely solely on DNA evidence found at the scene of the burglary, testimony from accomplices and items found during a search of the home Balog shares with his mother, which included the stolen ATM and beer.

Balog is accused of stealing a bottle of Southern Comfort and cash from Genoa's King Ferry Pizzeria and bowling alley, an ATM from Smith's IGA, beer and cigarettes from Wilcox General Store, and $3,000 worth of power tools from Ag Trac Parts.

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