Former Rochester High School teacher Kathryn Houghtaling, facing charges for allegedly having sex with two students and giving one of them drugs, is seeking to have some of her statements to police tossed out because, she claims, she wasn’t advised of her rights before talking to them.

Prosecutors say the statements should be preserved because Houghtaling wasn’t in custody when she first spoke with investigators — two days before her arrest on Jan. 10.

Both sides will present arguments during a “Walker Hearing” Sept. 12 before Judge Rae Lee Chabot of Oakland County Circuit Court, who will then decide whether the oral and written statements will be suppressed or admitted when the trial gets underway Oct. 21.

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A Walker Hearing is based on the 1965 Michigan court case People v. Walker, and focuses on whether statements made to police were voluntary, as well as if the defendant was advised of his or her Miranda rights and if those rights were waived.

Houghtaling, 26, faces six counts of third-degree criminal sexual conduct involving two male students and another charge for allegedly providing Xanax to one of the boys she allegedly had sex with last December. The alleged victims were at least 16 but under 18 years old at the time.

Houghtaling is being monitored by an electronic tether as the case proceeds.

Prior to the hearing in September, Houghtaling is scheduled for a pretrial hearing before Chabot next week.

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