Jury selection begins Tuesday for Daniel Greis, 58, charged with five counts of wanton murder but the case could proceed without some of the evidence gathered.
Last week, Daniel Greis' attorney filed a motion to suppress any statements made by Greis to Kenton County Sheriff's Deputy Curtis Bush while at University of Cincinnati Medical Center Oct. 26, the night of the crash.
Greis, of Independence, is accused of killing a family of five in a crash in October. Police say he was driving under the influence of alcohol.
The family – Samantha Malohn, 27, Rodney Pollitt Jr., 26, and their three children, Hailieann, 9, Brenden, 8, and 6-year-old Cailie – all died in the head-on crash. They were on the way home from a parent-teacher conference at the elementary schools their children attended in Grant County.
Police said a 2014 Honda Pilot Greis was driving was on Staffordsburg Road in Independence, crossed the center line and struck the Pollitt's 1993 Honda Accord. The family was killed. Greis was airlifted to the University of Cincinnati Medical Center with multiple injuries where police interviewed him several times.
Bush's attorney Stacy Graus argued Greis was severely injured, with multiple fractures and had been administered a "significant amount of pain medications."
Graus said her client was interviewed by Bush three times after his arrival at UC medical center without having been read his Miranda rights. Graus said her client was only read his rights during a fourth visit from Bush.
Miranda rights inform suspects of their right to silence before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
Graus said her client was not given those warnings, as required by state and federal law, violating his constitutional rights. She said Bush repeatedly questioned her client regarding his alcohol consumption, his speed, his driving and his marijuana use.
Kenton County Judge Patricia Summe has yet to make a decision on if the statements will be used during the trial.
Jury selection was scheduled to begin at 9 a.m. Tuesday, June 19, in Room 6 A of the Kenton Circuit Civil/Criminal Court, 230 Madison Ave., Covington.