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Posted on 03/06/2002 6:27:23 PM PST by FresnoDA
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Lawyers for David Westerfield filed papers in court Tuesday saying that the detectives attempted to talk with Westerfield last Wednesday, the day after he was charged with kidnapping and killing 7-year-old Danielle van Dam. The lawyers called the action “outrageous government misconduct,” and wrote that it jeopardized Westerfield’s right to effective counsel.
Defense experts say the law is clear: once a suspect has a lawyer, police and prosecutors should not attempt to talk with the defendant without getting permission from the lawyer. Some say the incident could harm the case against Westerfield.
"It sends a lot of messages, in addition to laying the groundwork for potentially asking the court to dismiss the charges because of this outrageous governmental conduct," criminal defense specialist Kerry Steigerwalt said.
Wednesday, Police Captain Ron Newman told NBC 7/39 that two detectives did request to speak with Westerfield, but he apparently refused to talk with them and called his lawyer to report the attempted interview.
"I have confirmed that that did happen,” Capt. Newman told NBC 7/39. “I question the appropriateness of it. I'm sure the detectives felt that it was the appropriate thing to do, given the set of circumstances that they were under. But we will be handling that internally. So it's not something that we would normally do. In fact, we should not be doing it, frankly.”
Another legal expert told NBC 7/39 that if police did not actually talk with Westerfield that day, there's little damage to the case against him.
I haven't heard this bit of news. Source?
I realize that once someone obtains counsel (I'm the plaintiff in a civil case) representatives of either party (even my own insurance company) can't talk to you personally, but must do so through your counsel. You may speak to them, but then lose rights you may have overlooked since, you, not a lawyer, don't know what those rights are.
I also understand Miranda, at least on the surface, however, once someone has been Mirandized, and they talk without counsel present, isn't that like the use of the 5th Amendment? You either answer nothing, or you cannot use the protection under the 5th, even if you answer only one question? I also believe that one of the Miranda warnings is that "you may stop answering at any time and request counsel". If doofus prospective defendant talks, then isn't that kind of his own hook, and if he hangs himself with his own rope, so be it??
I apologize for asking this, but I just don't know what the actual LAW is concerning stuff like this.
Any info would be appreciated ;-)
Keep the Faith for Freedom
MAY GOD BLESS AND PROTECT THIS HONORABLE REPUBLIC FROM THE CLEAR AND PRESENT DANGERS SHE NOW FACES FROM BOTH WITHIN AND OUTSIDE HER BORDERS.
Greg
People say stuff like that every time some monster is freed, and the only thing that happens is the monster does his thing again.
MM
Velocity Paintball 12623 Poway Rd. Poway, CA 92064 619-513-2778
...He should have invoked it when they questioned him when he returned from his trip as well as refused access to his house and car without warrant...we shall see...Rumor I heard was the "child porn" was from something called "barely legal"...sounds legal to me...if not why would he keep it knowing he was probably going to be searched?
What babysitter? I'll bet the kids were left alone.
It was stupid by the police, because anything the defendant had said probably would have been thrown out anyway, probably without much fight by the DA.
On the other hand, a suspect can voluntarily waive his constitutional rights at any time, just as he can assert them at any time.
But the police cannot simply resume questioning once someone has requested that an attorney be present. No question about that.
Kids alone can do amazing things; I know of a pair of boys that made a flame thrower out of a super soaker and some gasoline.
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