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Evidence suppressed in trial of man accused in boy's death

July 04, 2007|By DAN DEARTH

A Washington County Circuit judge on Tuesday suppressed a piece of evidence from the upcoming trial of Floyd Edward Bingaman III in the shaking death of a 4-month-old boy in January.

The evidence involved a comment by Bingaman, made after an investigator used abrasive language to illicit an incriminating response, Circuit Judge Donald E. Beachley said.

Robert Veil, an assistant state's attorney, said after the Tuesday hearing that the judge's decision was related to the fact that the investigator drew the response from Bingaman after he asked to see an attorney.

During the same hearing, however, Beachley ruled that a similar comment Bingaman made earlier during a taped interrogation could be used in court.

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Bingaman's first-degree murder trial is set to begin July 30.

He is accused of shaking and banging the head of 4-month-old Justice Calvin Stotler while the infant's mother took a shower.

The infant's mother found him in his crib, cold and with an injured head.

On Jan. 4, the child was taken to Washington County Hospital in Hagerstown and later to Johns Hopkins Hospital in Baltimore, where he died Jan. 6.

Veil said after the hearing that he anticipated the court would admit Bingaman's recorded comment as evidence.

Bingaman is being represented by former Frederick County State's Attorney Scott Rolle.

Rolle could not be reached for comment Tuesday.

Justice's mother, Ashley Stotler, filed a civil petition last week in Washington County Circuit Court to change his name to Justice Christopher Calvin Myers-Cannon.

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