Man charged with Ottawa murder spoke freely to police, prosecutors say

Nicolaus Phillips said his rights were violated when he was said to have made incriminating statements about the shooting death of Eric Clements in Ottawa. On Tuesday, prosecutors said there were no such violations.

Phillips, 25, of Spring Valley, is awaiting a May trial for murder in La Salle County Circuit Court. He faces up to 85 years in prison if convicted of shooting Clements in the summer of 2023.

Before trial, however, Phillips is trying to get a judge to throw out a pair of statements he gave to police June 14, 2023. Phillips, according to court pleadings, made incriminating statements first to a La Salle police detective, who visited him in jail to discuss an unrelated matter, and then to Ottawa detectives investigating Clements’ death.

A hearing will be Friday before Chief Judge H. Chris Ryan Jr., who will decide whether Phillips spoke freely and voluntarily or whether his statements are inadmissible.

According to Phillips’ pleading, La Salle Police Detective Brian Camenisch visited him to inquire about a December 2022 drug deal in La Salle. Phillips agreed to talk, and Camenisch read Phillips his Miranda rights – at least with respect to the drug deal.

A half-hour into the interview, the talk shifted to the Clements shooting. Phillips “grew emotional” and made incriminating statements, both to Camenisch and to two Ottawa police officers who soon came to the jail.

“At no time did Detective Camenisch re-Mirandize Mr. Phillips once the topic changed to the homicide investigation,” Public Defender Ryan Hamer wrote in the pleading. “Further, at no time did Detective Camenisch even ask Mr. Phillips if he had obtained counsel regarding the alleged homicide.”

But in a Tuesday reply, prosecutors said Phillips never asked for a lawyer and agreed to speak with Camenisch voluntarily.

“[Phillips] made incriminating statements during the remainder of the interview,” prosecutor Jeremiah Adams wrote. “Camenisch then asked [Phillips] if he wished to give a statement to the Ottawa Police Department, and he agreed.

“[Phillips] never indicated to police that he wished to have an attorney present during the questioning. [He] never indicated to the court that he wished to have the public defender represent him. [He] did not hire an attorney. He did not express an interest in having one present during his interview.”