FLINT (WJRT) (09/17/19) - Was the investigation done properly?
That's the defense's question in the criminal case against a Davison High School teacher. He's accused of video-taping a 14-year-old while she was naked in a tanning bed.
Jacob Emmendorfer's defense attorney objected when the detective took the stand. He was about to testify to what the 42-year-old said right after he was arrested.
Before that, the victim took the stand for the first time, recalling that April afternoon.
"I go in there, take my clothes off, put on my tanning lotion, and then get in the bed. I heard clanking down at the fan, so I turned the fan off, and I still heard it. I looked down, and I seen a phone, and it was recording. I called my mom crying, told her that I seen a phone at the end of my bed," the 14-year-old victim said.
The victim says the phone was hooked to something that was quickly pulled up and over the adjacent wall. She ran out to tell her Mom and the salon, and they called 9-1-1. 42-year-old, Jacob Emmendorfer was arrested at the TropiTan.
The Davison High School health and PE teacher is facing four felony charges. including child sexually abusive activity.
The detective was the next witness, but again, the defense objected to his testimony.
Attorney Frank Manley says the statement should not be entered as evidence because the defendant's Miranda Rights were violated.
"The issue as we presented it was that he understood his rights and did not waive them. That he did not sign the form, that he did not agree verbally that he waived his rights, and the fact that he shook his head, so in our mind, there were three manifestations that he was indeed not waiving his rights," Manley said.
The judge is waiting for more information before moving forward.
Right now, witness testimony is scheduled to resume in October. Emmendorfer is still on leave from his job and not allowed to have any recording device, including a phone.