Challenging what happened after arrest for rape

A deaf South Dakota man remains in jail after prosecutors say he waived his Miranda rights back in February - when he was arrested for first-degree rape of a child. Jesse Johnson's attorney told a judge yesterday that Johnson did not understand his rights at the time. The attorney wants statements Johnson made to police through an interpreter not allowed in court during the coming trial. The attorney also asked for suppression of notes that Johnson wrote - and he's challenging the qualifications of the interpreter used by the state’s attorney’s office after Johnson's arrest. A hearing on the motion is set for September 28th. The 33-year-old could get live in prison, if convicted.