YOUNGSTOWN, Ohio (WKBN) — Attorneys for a man facing federal firearms charges in a torture case is asking a judge to suppress all evidence found against their client because they claim a search warrant filed by Youngstown police was too broad.
Federal public defenders Timothy C. Ivey and Lori Riga filed the motion Tuesday in the U.S. Northern District Court Of Ohio for Farren McClendon, 43, of East Judson Avenue, who is charged with being a felon in possession of a firearm.
Judge Solomon Oliver is hearing the case.
McClendon was charged in March in federal court as a result of two semiautomatic handguns being found in his home during an Oct. 1 search as city police investigated the kidnapping and torture case of a woman.
McClendon faces kidnapping, felonious assault, complicity to felonious assault and complicity to aggravated menacing charges in Mahoning County Common Pleas Court after a woman told police she was kidnapped and tortured Sept. 20 by McClendon and co-defendant Janarvis Roberts, 26.
The pair are accused of taking a woman from a vacant home on East Judson Avenue to a remote area of the East Side where she was beaten and left. The woman managed to find a home and call for help.
Detectives served two search warrants Oct. 1 at homes in the 500 block of Cambridge Avenue and the 100 block of East Judson Avenue as part of their investigation and seized several bags of evidence while also taking two pieces of paneling and a rolled-up carpet from the trash.
Farren’s attorneys in the common pleas court case have filed a suppression motion of their own. That is set for a July 20 hearing before Judge John Durkin.
In the federal case, McClendon’s attorneys argue Judge Oliver should not allow any evidence in the case that was seized when Youngstown police served their search warrant because investigators lacked probable cause and the warrant was too broad.
Although the victim in the case identified McClendon as one of the people who assaulted her, none of the events involving her assault took place at McClendon’s home, the attorneys wrote. They also wrote that all the violence took place at a home in the 500 block of Cambridge Avenue, which police also searched.
McClendon’s attorneys also claim that police had no probable cause to pry open a safe in McClendon’s house, which is where the guns were found. The safe did not resemble any of the objects police were looking for in their affidavit, the attorneys wrote.
Prosecutors have yet to file a response.
McClendon has a previous conviction in 2005 in federal court on a firearms offense that prohibits him from having or being around a gun.