Two Florida detectives go to Florida to interview a prime suspect in the Jessica Lunsford case. Lunsford is missing, presumed kidnapped and God knows what else. During the interview, Couey asks for an attorney. According to the tape of the interview, he asks for an attorney eight times in a 46 second span of time.
You don't have to be a lawyer, a police officer, or even literate to know that once someone invokes his right to counsel - you have to get him one. No more questions until the lawyer is present and has advised his client.
Because if you don't, like these two Florida detectives didn't, then the interview is thrown out. In this case, a confession to the kidnap, rape, and murder of a nine year old girl is thrown out. So, if the confession was thrown out, why am I saying that the Prosecution got lucky?
Because it still has a case.
You see, if the police had no prior idea where that little girl was murdered and buried and Couey told them, then the body would also be excluded as evidence ("fruit of the poisonous tree"). Luckily, the police had already searched Couey's residence while he was in Georgia and had blood evidence and other circumstantial evidence that led the Judge to believe that the police would have found the body anyway (inevitable discovery).
So, Mr. District Attorney, count your blessings, because those two Florida Detectives almost set a child killer free.
Couey Prosecution Gets Lucky
Friday, June 30, 2006
Posted by Generation Xsquire at 12:44 PM
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8 comments:
This get more and more common, what they Hell are police doing? What are they learning at Police School? Are they just do focused on the Bust, they are forget standard procedure?
Most of my experience with the law is that they believe they are higher than it. So sad that it is like this every where across our beautiful nation.
FUCK THE PO'LICE
This wouldn't have happened on my watch.
I believe Police could get a little emotional uhh.
Oh is good to remember to keep personal issues away from work, or backwards in this case.
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