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CA: Thomas Greer as example; Do not Talk to Reporters after a Shooting
Daily Mail via Gun Watch ^ | 28 January, 2015 | Dean Weingarten

Posted on 01/29/2015 5:12:22 AM PST by marktwain



Thomas Greer gained fame in July of this year by making some imprudent statements to reporters.   He had shot one of a pair of burglars that had assaulted him in his home.   He said that the woman that he killed, Andrea Miller, had told him that she was pregnant as a ruse to gain advantage and prevent him from shooting her.   Greer is 80 years old, and had his collar bone broken in the assault.  From the dailymail.co.uk:

‘Thomas Greer is presumed to have held a reasonable fear of imminent peril of death or great bodily injury,’ according to the report signed by Deputy District Attorney Janet Moore.

‘Greer exercised his legal and legitimate right of self-defense when he shot and killed Andrea Miller.’

The investigation makes it seem likely that Greer was "tough talking" to reporters, rather than clearly stating the facts of what happened.  His previous statement: 
'The lady didn't run as fast as the man so I shot her in the back twice. She's dead.. but he got away. She says "don't shoot me, I'm pregnant, I'm gonna have a baby" and I shot her anyway.
The statement did not hold up against forensic analysis.  Mr. Greer fired three shots, two of which struck Miller, once in the left side of the chest, and once in the right knee.  Neither shot is in the back, as stated by Greer.  The shooting happened inside of Greer's home, not outside, as was implied by early reporting. After being shot, Miller fled the home and collapsed in the alley outside.

Presumably, Greer told prosecutors a different version of events, one that was consistent with the physical evidence, probably on the advice of counsel.  

The incident serves as an example of why it is a bad idea to talk to the media after a self defense shooting.  While you have no legal obligation to tell the media the truth, you will be tried in the court of public opinion.  Greer was widely accused of being a cold blooded murderer because of the ill considered statements that he made.  He would have been better served by refusing comment.

I have to give the prosecutor, Janet Moore, credit for thoroughly investigating this case and making the right decision.  It would have been politically correct to take the old white guy's braggadocio at face value and prosecuted him to the full extent of the law. 

It would not have served justice, it would have been a waste of taxpayers money, but it would have been politically correct.

Gus Adams, who has been implicated as Miller's accomplice, is being charged with her murder, under the felony murder rule.   Most states have a version of the rule.   Its essence is that if you are involved in a crime where someone is killed, where the death would not have happened if the crime were not attempted or committed, you can be charged as the person responsible for the death.  From thefreedictionary.com:
A Rule of Law that holds that if a killing occurs during the commission or attempted commission of a felony (a major crime), the person or persons responsible for the felony can be charged with murder.
Generally an intent to kill is not necessary for felony-murder. The rule becomes operative when there is a killing during or a death soon after the felony, and there is some causal connection between the felony and the killing.
 While Mr. Greer was finally found to have been justified in his actions, it could have cost him far more than it did.  His case serves as a strong example to others not to talk to the media.


©2015 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch


TOPICS: Local News; Politics; Society
KEYWORDS: banglist; ca; prosecution; shooting
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Be careful what you say to reporters.
1 posted on 01/29/2015 5:12:22 AM PST by marktwain
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To: marktwain

Don’t talk to reporters at all. Don’t talk to police at all, except in the presence of your lawyer. Just shut up.


2 posted on 01/29/2015 5:16:03 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: marktwain

Never, ever talk to reporters unless you tape it. They will do anything to get “a hook.”


3 posted on 01/29/2015 5:17:26 AM PST by miss marmelstein (Richard the Third: Loyalty Binds Me)
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To: marktwain

My experience with reporters is that they do not accurately report what you said. I refused to talk to them after that.


4 posted on 01/29/2015 5:17:59 AM PST by tioga
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To: marktwain

... And NEVER talk to the police. Never


5 posted on 01/29/2015 5:18:12 AM PST by KingLudd
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To: PapaBear3625
Don’t talk to reporters at all. Don’t talk to police at all, except in the presence of your lawyer. Just shut up.

There's a reason the Founders thought it prudent to include a right against self-incrimination in our Bill of Rights. It's our right to keep our mouth shut. It literally cannot be taken away from us: hence it's a right unto us by God. We cannot be forced or compelled or otherwise made to speak on or about anything. Let the court of public opinion make its own assessments on what that means.

6 posted on 01/29/2015 5:21:19 AM PST by rarestia (It's time to water the Tree of Liberty.)
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To: marktwain

What you say can be used against you.

The ONLY thing to say is,

“I will need to speak with my attorney before making any statements.”

(to the police, media, guy at the bar, friends, family...)


7 posted on 01/29/2015 5:24:25 AM PST by logi_cal869 (-cynicus-)
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To: miss marmelstein
Never, ever talk to reporters unless you tape it. They will do anything to get “a hook.”

I made the mistake of talking to a reporter once, about a criminal case I had some knowledge of. Big mistake. Don't talk, period, with or without a recorder.

8 posted on 01/29/2015 5:32:26 AM PST by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: marktwain

I follow the Marshawn Lynch rules for speaking to the press.


9 posted on 01/29/2015 5:35:43 AM PST by Autonomous User (During times of universal deceit, telling the truth becomes a revolutionary act.)
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To: PapaBear3625

I”ve learned that you sometimes have to talk to the press because they threaten to condemn you unless you agree to comment. They are unscrupulous here in NYC - particularly the NY Times. My husband just got threatened by the NY Post because he was involved in a show biz memorial that got messed up by the dead person’s squabbling family. Newspapers also only listen to the craziest person in the situation and then build the “hook” around that. I hate them.


10 posted on 01/29/2015 5:44:47 AM PST by miss marmelstein (Richard the Third: Loyalty Binds Me)
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To: marktwain

Say nothing, if you must simply state I didn’t vote for Barry.


11 posted on 01/29/2015 5:56:33 AM PST by Resolute Conservative
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To: marktwain

Some people just want the camera on them. Look at me Look at me, hey I’m on TV!
I shy away from them.... Police asking questions?... nope, minimal amount of information as possible without being an ass about it.
Reporters asking questions?... no no no, I won’t be a part of their dog and pony show. Ask someone else.


12 posted on 01/29/2015 6:04:34 AM PST by envisio (Its on like Donkey Kong!)
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To: Resolute Conservative

“I’m just hear so I won’t get fined”


13 posted on 01/29/2015 6:05:08 AM PST by envisio (Its on like Donkey Kong!)
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To: miss marmelstein

I spent 20 years as a military “cop” specializing in investigations and interrogations. I loved it when the suspect wanted to try to convince me he was innocent. trust me, it never works.

My advice to anyone suspected of a crime or involved in a physical incident is “KEEP YOUR MOUTH SHUT”. A good investigator will already know what the basic story is and anything you say can then be twisted to make you look guilty.

Insist on a search warrant and never waive your rights. make the the cops get a warrant if they have probable cause. And call a lwayer immediately. if you don’t have one you know, have the number of legal aid available and use it.


14 posted on 01/29/2015 6:09:33 AM PST by usnavy_cop_retired (Retiree in the P.I. living as a legal immigrant)
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To: miss marmelstein

There was a small tornado that touched down in my hometown in NC.
Round here the press interview the most hillbilly hick they can find.
One sensible man they were talking to said, “I’m not going to say ‘it sounded like a freight train’ like everyone always does, but it was loud”

I overheard the reporters laughing as they walked away talking to each other, “we should edit to the ‘freight train’ part and leave the rest out.”


15 posted on 01/29/2015 6:10:18 AM PST by envisio (Its on like Donkey Kong!)
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To: marktwain

Be careful what you say to anyone and what you put out on social media. The first thing that good legal counsel would say to this guy is “keep quiet”. I do commend the prosecutor for seeing this for what it was - there are many who would not.


16 posted on 01/29/2015 6:12:22 AM PST by KC_Conspirator
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To: usnavy_cop_retired

I am afraid that by invoking the 4th and 5th amendment into the conversation will make it look like I am being defiant towards the police.
I am afraid that a cop can pull probable cause out of thin air... “well you are acting suspiciously so thats my probable cause”.


17 posted on 01/29/2015 6:14:46 AM PST by envisio (Its on like Donkey Kong!)
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To: marktwain
FIRST thing you say when asked what happened should be.....
"I'm a little shaken up right now, I will wait until I talk to my attorney. Could you please call his number? His card is there with my CCW permit."

Let the police call your attorney from your phone, and shut the hell up until he gets there.

18 posted on 01/29/2015 6:18:32 AM PST by Wizdum (My job is to get you to shoot soda out your nose)
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To: envisio

If you are afraid to assert your rights, you no longer have them.

Many, many people have ended up in jail, fined, and have suffered great loss because they did not want “antagonize” the police.

You do not have antagonize them to assert your rights. You can do it in a polite way. When you do, the police will realize that they cannot push you around, and will often respect you more.


19 posted on 01/29/2015 6:20:46 AM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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To: usnavy_cop_retired

My husband gets called all the time by the press because of his work - not because he is in trouble with the police. It’s far more complicated than being a crook, unfortunately!


20 posted on 01/29/2015 6:29:20 AM PST by miss marmelstein (Richard the Third: Loyalty Binds Me)
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