Friday, March 23, 2007

Phil Spector - Unambiguous on everything except the request for counsel?

Another study says ugly looking people get found guilty more often than good looking people.



Phil Spector's got a haircut and a venire of 300 for his murder trial.
The Smoking Gun has a partial transcript of an interview with a police officer. TSG's transcript starts at page 18, where the cop is (apperently) verifying with Spector that "you wanna get ahold of your [attorney, Robert Shapiro]"
Unfortunately, Phil Spector had some serious diarrhea of the mouth (and serious potty mouth, too) to include trashing the dead woman in the case.
I'd like to see the first 18 pages, and hope for Spector's sake that he unequivocally invoked his right to counsel. His vehemence for the dead "piece of shit" and the authorities certainly is unambiguous.
If the suspect's statement is not an unambiguous or unequivocal request for counsel, the officers have no obligation to stop questioning him.
Davis v. US, 512 US 452 (1994)

My experience (with one exception) has been that "unequivocal" means no less than "I want an attorney now." And in the event of an unequivocal invocation, the police will "mention" other things that might just happen to cause a client to "reinitiate" the conversation, like "I do not want you to answer me because you dont' want to talk to me without your attorney, but we've arrested your girlfriend for her involvement in this." (in this particular robbery case, the DA's victim was starting to go south on him, so we worked out a reduced charge/time served deal, so we'll never know what the appeals court would say about that.)
Jack

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