Judge OKs contested evidence against former Naples High teacher accused of sex with teen
Collier Circuit Judge Ramiro Mañalich has denied a motion to suppress evidence in the case against former Naples High School teacher Brock Smith.
Smith, 31, faces two felony charges of engaging in sexual activity with a person 16 or 17.
In a case involving another girl, he faces felony charges of soliciting sexual activity with a child (when she was 16) and transmission of harmful material to a minor, according to court documents.
At a Nov. 16 court hearing, Smith's attorney, Assistant Public Defender Shawn Nagle, argued that an interview with the Collier County Sheriff's Office should be suppressed because Smith was not read his Miranda rights prior to the interview.
Court records indicate the state Department of Children and Families also investigated allegations of pornographic images and interviewed the girls as well as Smith.
Collier Sheriff's Office Detective Andrew Henchesmoore and DCF investigator Ryan Lukosavich conducted the interview at Naples High School during the summer when classes were not in session.
A court document signed Nov. 30 by Mañalich denying the motion to suppress evidence states, "Merely being confronted with evidence of criminal activity did not turn this interview into a custodial interrogation requiring Miranda warnings."