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February 22, 2007

Onstott Wants Statements Tossed

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By THOMAS W. KRAUSE The Tampa Tribune
Published: Feb 22, 2007

TAMPA - Two years ago, Kelly May's wounds were open for the community to see.

Her 13-year-old daughter, Sarah Michelle Lunde, had disappeared. Six days later, Sarah's body, partially submerged and partially clothed, was found in an abandoned fish pond near their Ruskin home.

David Lee Onstott, a sometimes boyfriend of May's, was charged in Sarah's death. As he was paraded in and out of Hillsborough County courtrooms, May was not present.

This week, Onstott is asking a judge to throw out statements he made about the crime. With no DNA evidence, the statements make up much of the state's case.

May arrived at the courthouse Wednesday to represent her deceased daughter. It marks the first time she has seen Onstott since before her daughter's death.

"I know throwing out the confession kind of hurts things," she said. "I have faith Hillsborough County will take care of it."

May said she knows Sarah is not going to come back. Still, she said, she came to the courthouse to make sure Sarah gets the justice she deserves.

"It's been a long, hard two years," she said.

On Wednesday, May wore a silver and gold charm bracelet that said "Mom." Next to her sat her new fiance. The two run a mobile RV service company. She said her second grandchild, a boy, is due soon.

In a three-day hearing to end Friday, Onstott's attorneys are arguing that Circuit Judge Ronald Ficarrotta should throw out incriminating statements Onstott made to law enforcement, to a cellmate and to his mother.

Without the statements, the state's case is circumstantial and largely in the hands of teenage witnesses.

Sarah's brother and his friend are expected to testify about seeing Onstott at their home just hours after Sarah was last seen, and that his shoes left muddy tracks on the floor. The defense, however, has pointed out in court records that the brother's friend admitted to having had sex with Sarah, a minor, the night she disappeared.

May said she is confident sheriff's personnel arrested the right man.

"The only concern I have is if he doesn't get the death penalty," she said. "He's an animal that needs to be locked away."

In court Wednesday, Assistant Public Defender John Skye told the judge that Onstott's statements were obtained while he was held "illegally" on a trumped-up driving under the influence warrant out of Michigan. He also said Onstott's cellmate was a confidential informant who in effect was acting as a "secret agent" for the sheriff's office.

The statements Onstott made to his mother should be thrown out because Onstott and his mother were led to think their conversation would be private, Skye said.

Before Onstott made any statements to sheriff's investigators, Skye said, he made it clear to at least two detectives that he wanted to speak to his attorney. Regardless, he was interrogated several more times over two days without an attorney present, Skye said.

On the final day of interrogation, a detective had allowed Onstott a brief telephone call to his attorney. Skye said that was too little, too late.

"The law is clear that once a person makes a request for an attorney, consultation must be provided, and a telephone is not good enough," Skye said.

Assistant State Attorney Jay Pruner said Onstott was legally in the state's custody and all his rights were afforded to him. Pruner said he would provide more details later in the hearings.

On Wednesday, the confidential informant who shared a cell with Onstott took the witness stand.

Robert Pollay, who said he has had six or seven felony convictions, testified that he made several attempts to get Onstott to talk to him. Pollay said he read newspaper reports about the case and asked Onstott about specific details.

Soon afterward, however, sheriff's detectives told him he could not legally prod Onstott into talking. For his information to be used in court, he had to passively listen.

Defense attorneys contend Pollay ignored this order. His testimony continues today.

Reporter Thomas W. Krause can be reached at (813) 259-7698.

Posted by admin at February 22, 2007 6:34 AM

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