Prosecutors can use Matar's statement as evidence in Bentonville case

Matar
Matar

BENTONVILLE -- Prosecutors can use a former school employee's recorded interrogation as evidence in his trial.

Circuit Judge Brad Karren found Wednesday that Ali Matar, 22, voluntarily agreed to speak with police and wasn't in police custody. Karren said there was no evidence Matar requested the interview be stopped.

At A Glance

About The Charges

Rape is normally punishable with a prison sentence ranging from 10 to 40 years. Ali Matar faces from 25 to 40 years or life imprisonment on rape charges if convicted because Arkansas law requires a 25-year minimum sentence for anyone convicted of raping a child 13 and younger. Sexual assault in the second degree is punishable with a prison sentence ranging from five to 20 years.

Source: Staff Report

Matar, 22, of Lowell is charged with rape, a Class Y felony, and two counts of sexual assault in the second degree, a Class B felony. His jury trial is scheduled to begin Tuesday morning.

Matar worked for the Bentonville School District. He is accused of sexually abusing three students at R.E. Baker Elementary School.

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.

Dahrron Moss, a detective with the Bentonville Police Department, said he's the lead investigator assigned to the case. Moss said he and another detective went to Matar's residence to speak with him, but they were unable to contact him.

Moss said he telephoned Matar and left a message Matar returned. Matar then agreed to come to the Police Department to talk with Moss. Moss said he explained to Matar the interview was voluntarily and Matar didn't have any obligation to stay.

Moss described the atmosphere between him and Matar as relaxed. He said they even discussed basketball and the New York Knicks during the interview.

Moss didn't give Matar a Miranda warning because the interview was voluntarily and Matar wasn't in police custody, Moss said when questioned by Nathan Smith, Benton County prosecutor.

Moss did give the Miranda warning after Matar made a incriminating statement concerning touching the 5-year-old girl. Moss said Matar was still free to leave after the Miranda warning was read to him.

Justin Hurst, one of Matar's attorneys, questioned Moss about having Matar in a interview room with a locked door.

"Your policy is to lock him in that room and interrogate him?" Hurst asked.

"No sir," Moss replied.

Moss said he would have used a key to open the locked door if Matar had asked to leave and end the interview.

Moss was the only witness to testify during the suppression hearing.

Smith told Karren that Moss didn't have any obligation to give the Miranda warning to Matar since Matar voluntarily agreed to speak with police.

The only issue is whether Matar was in police custody, and since the answer is no then Matar's statement should come in as evidence at trial, Smith said.

Hurst claimed prosecutors didn't meet the burden to show Matar wasn't in police custody. Hurst said Moss didn't give Matar a detailed explanation he was free leave the interview room and the Police Department. Hurst said Matar was in small, locked interview room with Moss. Hurst wanted Karren to suppress the statement because Matar's constitutional rights were violated.

Karren also denied a motion from Matar's attorney to reschedule the trial.

Smith told Karren the three children are scheduled to testify. Smith said he may ask 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 could 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.

NW News on 01/22/2015

Upcoming Events