Ashley Johnson, the mother of Hershall Creachbaum, is trying to get a judge to throw out potential evidence.
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Mother of 7-year-old boy found dead asks judge to throw out evidence
A mother charged in connection with the discovery of her 7-year-old son’s remains appeared in court on Friday.
As reported on News Center 7 at 5:00, Ashley Johnson, the mother of Hershall Creachbaum, is trying to get a judge to throw out potential evidence.
Dayton police body camera video shows officers responding to a call about the potential kidnapping of Hershall Creachbaum in July.
His mother answers from her bed due to a foot injury.
“Sounds like a possible kidnapping,” an officer says over the radio.
The body camera video shows officers asking Johnson and Michael Kendrick, her boyfriend, questions about the boy.
Detectives also went to question Johnson. They eventually take her to the safety building for a more formal interview.
“That means this whole conversation is being recorded,” Karina Sulek, with the Dayton Police Department, says.
The body camera footage shows detectives reading Johnson her Miranda Rights and explaining them.
“Do you learn from her that her son is missing and that, in fact, her son is deceased?” Ann Gramza, with the Montgomery County Prosecutor’s Office Violent Crimes Bureau, asks.
“Yes,” Sulek says.
“Does the tone of the conversation change?” Gramza asks.
“No,” Sulek replies.
Detectives insist that Johnson knew her rights, agreed to speak with them, and never asked for a lawyer.
They add that she even helped them, unsuccessfully, search one spot for the boy’s remains.
However, Johnson’s lawyers said the detectives didn’t ask the most important questions.
“Did you ask her if she had disabilities or (was) diagnosed with learning or cognition problems?” Cheryl Bennett, Johnson’s lawyer, asks.
“No,” Sulek replies.
Bennett says Johnson didn’t understand what was happening and didn’t realize anything she said could be used against her.
She added that Johnson didn’t get her medication that day.
“Do you know what impact a lack of medication might have had on her?” Bennett asks.
“I don’t,” Sulek replies.
The hearing took about two and a half hours, and prosecutors only played two of the eight to ten different body camera videos or interviews that Johnson’s lawyer wants thrown out.
The judge will review all the videos and issue his decision sometime in April.
DAYTON, Ohio (WKEF) -- Ashley Johnson and Michael Kendrick appeared in court Friday for motion to suppress hearings in the case of 7-year-old Hershall Creachbau
dayton247now.com
Kendrick, Johnson appear for motion to suppress hearings in Hershall Creachbaum case
In November,
motions were filed to suppress evidence on behalf of defendants Ashley Johnson and Michael Kendrick. Both face charges related to the death of 7-year-old Hershall Creachbaum.
Back in July of 2025, his body was found later that same just hours after Kendrick reported him kidnapped on July 12th.
Defense attorneys allege the waving of their Miranda rights were not made “knowingly, intelligently, or voluntary” and they must be suppressed. Johnson’s attorney Cheryll Bennett argued Detectives Zachary Williams and Karina Sulek from the Dayton Police Department, who questioned Johnson the day Creachbaum was reported kidnapped, knew she was receiving disability benefits, but did not know what disability she had.
“You would agree with me that someone’s who’s receiving disability benefits, depending on the disability, it might impact their ability to waive their Miranda rights?” asked Bennett. “She was able to read and write and communicate, so I didn’t have any concerns with her understanding her rights," replied Det. Sulek.
On behalf of the state, attorney Ann Gramza argued detectives Sulek and Williams took great pains to ensure she did understand her rights, introducing interview footage from July 12th.
“Do you have any questions about your Miranda rights?” Det. Sulek asked in an interview room at the Dayton Safety Building on July 12th. Johnson replied asking, "What is Miranda rights?”
"So those are everything that we went over okay. It’s to make sure that you understand there are certain things that you don’t have to do right? You don’t have to answer questions. You can have an attorney with you. Okay? Does all of that make sense?” Det. Sulek. Johnson nodded her head in response.
In Kendrick's case, attorney Michael Pentecost argued he was intoxicated the night he reported Creachbaum kidnapped. On the state’s behalf, attorney Gramza argued about eight hours had passed between Kendrick's detainment and his questioning after waiving his Miranda rights.
“During that interview, did it appear to you that he was under the influence of alcohol at that time?” asked Gramza. “No," replied Detective Zachary Williams. “Again, is that because you had taken pains to ensure that he had received food, and sleep, and water prior to that interview?” asked Gramza. "That’s correct," replied detective Williams. "And that a sufficient length of time had passed?” Gramza asked. "Yes," replied Det. Williams.
