tag:blogger.com,1999:blog-14345350.post2616098896553891264..comments2024-01-12T07:33:46.615-05:00Comments on Criminal Defense: The Cop Lied, To MeMy Law Licensehttp://www.blogger.com/profile/17487117416844299246noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-14345350.post-86454220429430715202010-05-27T00:32:38.463-04:002010-05-27T00:32:38.463-04:00I guess I can video/tape both ways were I defense ...I guess I can video/tape both ways were I defense counsel. On the one hand, the last thing I want is a jury viewing crystal clear cruiser video of my wasted client falling all over the place on a field sobriety test. On the other hand, if the police are making it up, as Mr. Tannebaum says in the blog entry, a recording would be nice to have as proof.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-14345350.post-59188582977020953622010-05-25T02:50:54.489-04:002010-05-25T02:50:54.489-04:00I am a copper. Nothing much, just a local municip...I am a copper. Nothing much, just a local municipal guy in the midwest. I have come to appreciate this blog. Whether the blogger appreciates my presence here is another question entirely.... :)<br /><br />I would have no problem talking with MY defense attorney in a recorded talk in all honesty PROVIDED it is covered by attorney client privilege. If a defense attorney wants to question me on a particular case where I have charged their client, I would be far more reticent and very carefully weigh what I say. I would be inclined to record such a conversation as well, to avoid "he said, she said". <br /><br />My experience is that "he said/she said" is to be avoided if at all possible. Sure, I can write down that your client said, "I had 5 beers before driving home" on a traffic stop, but you can always correctly challenge that. At least I hope you would if you are his attorney. Maybe I lied (I don't but the defense can certainly argue it). Maybe I didn't recall his exact words but only their gist. At least that is what a good defense attorney should argue, whether it is true or not. I may not recall in enough detail to testify beyond what I wrote down at the time in the original report for a hearing or trial 10 months after the incident. But I CAN record the traffic stop and your client can speak for himself, preserved in evidence in his own voice. The defense can try to suppress that (and they might succeed if they have good enough mojo), but I can write down clearly verifiable exact quotes for my report and have far more reliable evidence about exactly who said what.<br /><br />I actually got a compliment from a judge during her ruling on a suppression hearing. It was a recorded interview in which the suspect made incriminating statements. The defense filed a motion saying that I had coerced, threated and done darn near everything but break out pliars and a blowtorch to get his client to confess. The court listened to the entire interview (including the Miranda) and said that the interview was handled in as gentle a manner as was possible for the circumstances and ruled it admissible. <br /><br />In that case defense counsel still worked out a wonderful plea bargain (30 days in county jail and probation for 9 felony burglaries), but that didn't bother me one bit. I just looked at all the court appearances, hearings, and motions (at how much $$$ per hour) and figured out that the legal bill (he had two very good private attorneys at every appearance) for this guy might have been worse than going to prison.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-14345350.post-54508678254282862322010-05-23T13:30:01.214-04:002010-05-23T13:30:01.214-04:00I'm taking it that you're a cop, anonymous...I'm taking it that you're a cop, anonymous? Its much harder for members of the defense team to record interviews because often victims are skittish about talking to us in the first place and we don't want to further spook them by whipping a recorder out.<br /><br />I am a big fan, though, of getting the investigator's report reviewed and signed by the witness after the fact.Unknownhttps://www.blogger.com/profile/16979193157149520343noreply@blogger.comtag:blogger.com,1999:blog-14345350.post-10419942250559238892010-05-22T00:16:20.912-04:002010-05-22T00:16:20.912-04:00I agree. That is why I record all my criminal int...I agree. That is why I record all my criminal interviews and OVI's and have people do written witness statements. It removes reliance a faulty memory and you can hear voice tone and inflection in a recording that further informs the trier of fact.<br /><br />Oddly enough, defense attorneys try like heck to have such things suppressed, :-) especially confessions where you can hear the Miranda warning being given on tape before the interview. :-)<br /><br />I learned to do this from a lesson at the hands of a sharp defense attorney. I once lost a suppression hearing (a nice three hour grilling) just because I couldn't recall (at least not well enough to give sworn testimony on) portions of what happened that I neglected to write down at the time (the original report had been 7 months ago by then). The next day I bought a digital tape recorder and uniform microphone. Best thing I ever did.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-14345350.post-92002881584611117122010-05-21T01:18:33.728-04:002010-05-21T01:18:33.728-04:00So that's it? He denied it and you were done?
...So that's it? He denied it and you were done?<br /><br />You were a material witness who could have impeached the cop under oath. In California, at least, that would mean you needed to conflict off the case.<br /><br />At least you raised the issue, unlike Brett who apparently just buried it because it would have been messy.<br /><br />This is why an attorney should never ever talk to a potential witness other than their own client without someone else present, particularly an adverse witness.Lee Stonumhttp://www.idonthaveawebsite.comnoreply@blogger.comtag:blogger.com,1999:blog-14345350.post-5725608745668851992010-05-20T17:36:11.442-04:002010-05-20T17:36:11.442-04:00Great points. You are right Rich, there is a sense...Great points. You are right Rich, there is a sense in the system that lying is everywhere and that makes it ok. There is nothing more admirable than telling the truth, when the truth hurts your position. I see this with cops - especially. A jury is more apt to believe a cop that admits weakness in a case, instead of trying to bolster bad facts.<br /><br />And Grey - you are correct, most cops tell the truth. Unfortunately, when one doesn't, it demeans the system and hurts both sides.My Law Licensehttps://www.blogger.com/profile/17487117416844299246noreply@blogger.comtag:blogger.com,1999:blog-14345350.post-68632292402760464062010-05-20T17:32:28.722-04:002010-05-20T17:32:28.722-04:00Most cops tell the truth. However, I caught a cop...Most cops tell the truth. However, I caught a cop lying not once but twice in depo a couple of weeks ago. He knew where the questioning was going via a MTS. Impeached him on one important fact with his own prior inconsistent statement. <br /><br />It reinvigorates me as well Brian. It burns me up. Fuels my passion. <br /><br />Drafted the MTS and filed it today.Grey Teshhttps://www.blogger.com/profile/03694512530993683983noreply@blogger.comtag:blogger.com,1999:blog-14345350.post-23553507085804378652010-05-20T12:39:19.548-04:002010-05-20T12:39:19.548-04:00Brian:
I take it that lying by the accused and/or...Brian:<br /><br />I take it that lying by the accused and/or the accused's witness or legal representative would be equally outrageous. But I also think that, unfortunately, also happens with far too much regularity (not by yourself, but certainly you've seen it happen. I know I have.). Perhaps that might explain the ambivalence of the other parties? Depressing to contemplate, but we may have reached a time where [too many] on all sides assume the "opponent" isn't being candid, and act accordingly?Rich Manteinoreply@blogger.comtag:blogger.com,1999:blog-14345350.post-57543445397520515422010-05-20T12:18:51.440-04:002010-05-20T12:18:51.440-04:00This same situation happened to me (not with an en...This same situation happened to me (not with an entirely critical issue, but one that was important enough for the officer to lie about) a few months ago, but I decided not to bring it up during the trial. I thought this because the conversation was arguably part of a plea discussion (with the prosecutor standing beside the officer), and the judge might be sensitive to me making myself a witness.Bretthttp://mdcriminaldefense.blogspot.com/noreply@blogger.comtag:blogger.com,1999:blog-14345350.post-14169950041864906662010-05-20T09:49:54.913-04:002010-05-20T09:49:54.913-04:00Similarly crazy annoying is when a prosecutor agre...Similarly crazy annoying is when a prosecutor agrees to something, like a plea deal, and then changes his mind. Or the case changes hands and the new prosecutor takes a different position, explaining he's an individual(!). <br /><br />You can't trust any of them as far as you can throw them.N. Toesnoreply@blogger.com