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To: FresnoDA
Fresno, as I'm sure you know, unless Westerfield gave a statement, talking to him w/o his lawyer is no big deal. If he did give an incriminating statement it would obviously be suppressed. The DA should file a pretrial Motion in Limine attempting to get an order precluding the defense attorney from even mentioning it during trial, as it is not relevant, especially if nothing was said.

The only possible probative value would be if the defense was that the cops HAD to catch someone and this is the guy, and to prove their case they're even willing to break the law to get a statement. I don't think that dog will hunt however.

That said, who the hell are the idiots that tried to talk to him, and was their supervisor aware of this. It doesn't get any stupider.

5 posted on 03/06/2002 6:35:12 PM PST by frmrda
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To: frmrda
Are you saying that it is against the law to ask a person who has been charged if they would speak to the police. Just asking is a no no???
28 posted on 03/06/2002 7:18:57 PM PST by OldFriend
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