A judge has quashed a convicted sex offender's motion to suppress his confession that he molested a girl in a NorthTown Mall arcade in 2012.
Judge Kathleen O'Connor ruled Tuesday morning that Richard Payne's confession for the June 2012 would be admissible in court.
Payne, a Level III sex offender was arrested for first-degree child molestation after the incident, where two siblings reported he approached a five-year-old girl at Bumpers arcade, fondled her backside, exposed his genitals to the girl and then rubbed her thighs and backside.
The girl and her 11-year-old sister ran away and told their mom about the incident; Payne was arrested a short time later and confessed to the crime, which was caught on surveillance video.
In addition to attempting to get his confession thrown out of court, Payne tried to get the entire case thrown out by alleging police misconduct.
The day after the incident happened, sex crimes detectives showed up at Payne's home. Investigators spotted Payne behind a fence and asked him to step out into the driveway.
"They told me that they had video of me touching a girl at the mall," Payne said.
Detectives said Payne then admitted "falling off the wagon" in the video arcade.
"He said he went to the arcade and he admitted to touching a young girl's buttocks area and then exposing his genital region while in the arcade area," Detective Paul Lebsock said.
When Payne's girlfriend pulled up to their home he also admitted to her what had happened. However Payne's defense attorney asked the confessions be suppressed because detectives had coerced his client as he stood in his driveway.
"I felt if I didn't answer the way the wanted me to answer I was going to jail. In the back of my mind I'm thinking this is all a big mistake and this is going to get sorted out.so I started to agree with what they wanted me to say," Payne said.
However detectives testified that after reading Payne his rights, he voluntarily confessed to the crimes. Judge O'Connor agreed with prosecutors and denied Payne's hopes of having his charges dismissed.
O'Connor also rejected Payne's accusation of police misconduct, ruling it was just good police work. If a jury believes Payne really did touch that little girl, it'll be his second strike as a sex offender and will spend the rest of his life in prison.
His trial is set to begin July 29.