Prosecutors can use a former school employee’s recorded interrogation as evidence in the Lowell man’s upcoming trial.
Circuit Judge Brad Karren found Wednesday that Ali Matar, 22, voluntarily agreed to speak with police and was not in police custody. Karren said that there was no evidence that Matar requested to end the interview.
Matar, 22, is charged with rape, a Class Y felony, and two counts of sexual assault in the second degree, a Class B felony.
He worked for the Bentonville School District. He is accused of sexually abusing three students at R.E. Baker Elementary.
His jury trial is scheduled to begin Tuesday morning.
Matar’s defense attorneys filed a motion to suppress the statement he gave to police.
Matar was arrested May 14 in connection with raping a 5-year-old student. He was arrested days later in connection with two 6-year-old girls at the school.
Karren also denied a motion from Matar’s attorney to reschedule the trial.
Smith told Karren that the three children are scheduled to testify. Smith said he may ask for the children to be able to bring an item of comfort to have with them when they testify.
“I’m not aware of what, but probably a small stuffed animal,” Smith said.
Hurst was concerned that it may be a prejudicial issue for Matar.
Karren told Smith to notify Hurst of what the items are.
“I certainly hope their comfortable items wouldn’t be a small pony or a large dog,” Karren said.
Karren took the issue under advisement. A pretrial hearing is scheduled for Monday.
Matar faced two charges of rape and one count of sexual assault in the second degree. Prosecutors amended the charges Wednesday. Matar is now charged with one count of rape and two counts of sexual assault in the second degree.
Matar, who is being held on $250,00 bond in the Benton County Jail, pleaded not guilty to the amended charges.