Full story here in the Cincinnati Enquirer:
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20071021/NEWS01/710210393/1077/COL02
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In 1992, Cincinnati homicide detectives David Feldhaus and Harry Frisby faced William Garner, a man who broke into an English Woods apartment, stole electronic equipment, then set the home on fire to cover his tracks.
Five children died in the fire.
Only a 13-year-old escaped, dropping from a second-story window as a wall of fire flared across his bedroom doorway.
The detectives read Garner, 19, of Avondale, his Miranda rights before they questioned him.
FELDHAUS: Before we get goin’ Mr. Garner, I wanna show you a piece of paper here I read you that’s your notification of rights. Is that correct?
GARNER: Yes sir.
FELDHAUS: And that’s your signature?
GARNER: Yes sir.
FELHAUS: Is there any question you want to ask me about that?
GARNER: No sir.
Garner confessed, was convicted on five charges of aggravated murder and sentenced to death.
Now, 15 years later, the U.S. 6th Circuit Court of Appeals has granted Garner’s request for further judicial consideration of his conviction.
The court determined Garner didn’t understand his Miranda rights and reversed the conviction. The 2-1 decision released last month found Garner was poorly educated and borderline mentally retarded.
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Krumpelbeck detailed what happened early the morning of Jan. 26, 1992, as if it were a recent case instead of one with 15 years of history.
Hours before the fire, Garner slipped into University Hospital, looking for an easy mark. There, he found Jackson and Addie Mack, who had fallen and hurt her wrist.
Garner snatched up Mack’s purse when she wasn’t looking, stealing money and her apartment keys.
He took a taxi to the English Woods apartment, telling the driver to wait while he retrieved his belongings. He carted out electronic equipment, at one point waking up one of the children.
Garner spun a tale about her mother sending him to check everyone and sent her back to bed with a glass of water.
Before leaving, Garner set three fires in the apartment.
Then, he grabbed the phone and smoke detectors and left, Krumpelbeck said.
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Judge Karen Nelson Moore, joined by Judge Boyce L. Martin, wrote that Garner didn’t understand his right to remain silent, despite twice saying he did.

