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What I am saying is that your statement that he could just tell them "NO" is something that may have worked out in your case (what if the store owner had not given you the pass?) but doesn't usually work in the real world.

I was actually in custody. That is an arrest. I was not taken to the lockup. If the store owner hadn't given me the pass, I still would have said nothing until my attorney had shown up and I had had a chance to discuss the situation with him.

Usually, only if you are guilty or know you can't prove you are not, do you insist on an attorney, and from experience the detectives are accutely aware of this.

That's their problem, not mine. Unlike 99% of the folks out there, I think with my brain, not my adrenal glands.

I would agree with you that the smartest, most intelligent, and safest thing to do is always (1) SAY ABSOLUTELY NOTHING until you have an ATTORNEY present.

The information given in the newspapers was that Westerfield was very co-operative, had nothing to hide, was not acting guilty, and apparently felt no need to have an attorney, especially as he wasn't under arrest.

Maybe he didn't do the smartest thing. Certainly, if he had any involvement in her disappearance and subsequent death, he should have insisted on an attorney from the beginning.

You insist he should have just said "NO". Do you think that would have altered how things have turned out ?