Supreme Court won’t let prosecutors use statements from dad accused of smothering son

Court won’t let prosecutors use dad’s statements

WASHINGTON — The Supreme Court won’t consider a request by South Carolina prosecutors to let them use incriminating statements made by a father who allegedly smothered his 2-year-old son.

The high court on Monday refused to hear an appeal from state prosecutors.

Kenneth Navy was convicted of homicide by child abuse in June 2003 in the death of his son, Kenneth Navy III.

But the South Carolina Supreme Court said two statements made by Navy were not admissible because authorities started questioning him before he was read his Miranda rights.

A third incriminating statement was allowed in by the courts. Navy has maintained his innocence, saying a congenital lung disorder led to his son’s death.

The case is South Carolina v. Navy, 09-1459.