Statements former Rockies pitcher Denny Neagle made to Lakewood police after a traffic stop cannot be used against him in his solicitation of a prostitute case, a judge ruled Tuesday.
The statements are suppressed because police did not read Neagle his Miranda rights before asking him questions that led to the solicitation charge, Jefferson County Judge Roy Olson ruled.
Neagle is accused of paying a Denver woman, Jill Russell, $40 for oral sex.
The pair was stopped by Lakewood police at about 1:15 a.m. on Dec. 4, 2004, on West 14th Avenue near Ames Street.
Defense attorney Harvey Steinberg argued police didn’t have probable cause to stop Neagle, who was driving a new Cadillac Escalade, but Olson ruled the stop was within reason.
Two Lakewood police officers testified Tuesday that during the stop they recognized Russell as a known prostitute who frequented West Colfax Avenue.
Lakewood Police Agent Troy Lutman said he noticed the belt to Neagle’s pants was undone as the pitcher sat behind the steering wheel.
Agent Michael Maestas said Russell told him she performed oral sex on Neagle and was paid $40.
Neagle first told Maestas he was giving Russell a ride to East Colfax Avenue, Maestas told the court.
After further questioning, Neagle told Maestas “he was in the area being stupid,” the agent said, and he was looking for sex.
When police began questioning Neagle about Russell and what the two were doing, Olson said, “Miranda has to be given at this point.”
Neagle has a jury trial date set for Jan. 30 on the misdemeanor charge.
Kieran Nicholson can be reached at 303-820-1822 or knicholson@denverpost.com.
