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NACDL LIFE MEMBER, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 91
Experience:  15 years trial attorney, over 60 federal, state and military jury trials, over 3000 cases defended
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pg. 6 , line 10 Q thru line 13 - Detective Hall

1. Why wasn't Victor told the exact charges he was being accused of

2. Why wasn't his mother told , and requested at that time to also come to the station after his
     mother stated to Detective Hall that he was slow at time of arrest

pg. 7, line 4 Q thru line 11 -

1. From the time of his arrest, during processing, fingerprinted and photograghed, jailed
     close to 3 hours had passed with Victor still not knowing why he was there.

pg. 11, line 23 Q thru line 24 -

1. During the walk from the holding cell to the interview room still nothing was said to Victor
     as to why he was there.

2. Once in the room, questioning began before miranda rights were given or being told the
      reason for his arrest.

pg. 13, line 1 thru 25 A-

1. Detective Hall wrote that Victor stated he was "semi-retarted", why did she not ask Victor
     to explain.

pg. 14, line 11 Q thru 21 A -

1. Victor told Detective Hall that he was unable to read and write. Still did not ask Victor
     to elaborate more on his illness or ask if he wanted his mother or ? to be there.

2. Chose to read him his Miranda rights.

3. Victor still not knowing why he is there.

pg. 16, all-

1. If the Miranda rights gives the accused the right to someone (lawyer) or to not talk before
     or any time during questioning... shouldn't those rights be given as soon as they enter the
     interview room.

2. Why did Detective Hall choose to assume Victor understood any of the lines from the
      Miranda rights

pg. 17, all-

1. After reading the rights, why did Detective Hall again choose not to ask Victor if he
     could explain the rights to her to verify he understood before he signed.

2. Detective Hall finally tells Victor why he is there after she gets his signature.

pg. 19, all-

1. Victor denies the charges, and Detective Hall still does not confirm his understanding of
     what is going on, but instead calls him a lyer.

2. She spends approx. 2.5 hrs. interrogating Victor, stating she did most of the talking, giving
      her the ability to confuse and upset him to confess.

pg. 23, all-

1. Victor stated to his mother and his brother Andrew that the police officer told him"if you
     talk to us you can go home."

2. Officers say that never happend.

pg. 25, all-

1. During the time of his arrest and interview, he was never asked if he had to use the restroom,
     was hungry or wanted something to drink.


pg. 33, line 15Q thru line 25-

1. Detective stated that Victor denies aligations for approx. 5 min. before changing his plea.
     During this time the detective is telling Victor he does not believe him.

pg. 34, line 19 Q thru line 22 A-

1. Detective repeatedly told Victor that Valissa had no reason to lie.

pg. 35, line 3 Q thru pg. 37, line 11 A-

1. Detective admits leaving room to speak to Valissa for more information

2. Detective admits that he told Victor several times that he did not believe him in order to
     get him to confess because that is what the detective wanted him to say.

3. Still no attempts made to find out the extent of Victor's knowledge or understanding of
      what was actually happening.


MIRANDA GOODCHILD hearing -- TRANSCRIPT - D A TIFFIN- (Detective Blomme)

pg. 40, line 14 Q thru line 25 A-

1. Detective Blomme, acting witness to interrogations,observer of accused and there to
     ask questions felt missed or unclear.

2. Detective Blomme also felt no need to take other actions to make sure Victor had a
      clear understanding of the issues.

pg. 43, line 23 Q thru pg. 44, line 2 A-

1. Detective Blomme states Victor's denial of aligations for 15 - 20 minutes.

pg. 44, line 18 Q thru pg. 46, line 12 A-

1. Detective Blomme never asked one question of Victor.

2. Detective Blomme took Victor's looks at Detective Hall while she was speaking to him
      as a sign that he understood everything being said.

3. Detective Blomme stated that Detective Hall used a stern voice while telling Victor she
     did not believe him.


pg. 46 thru pg. 53, line 8 A-

1. Detective Blomme admits that Victor appeared nervous - but still felt he had an
     understanding of situation.

2. Detectives never took the time to explain the seriousness of the situation to Victor
      and/or reask if he would like to stop answering questions without someone present.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  NACDL LIFE MEMBER replied 8 years ago.
I think there is a legitimate issue of regarding Victor's ability to understand the Miranda warning and knowingly waive his rights to counsel and the voluntariness of the confession given that Victor related that he thought that making an incriminating statement would satisfy the detectives and allow him to leave sooner than later. Additionally, there is an issue regarding Victor's ability to intelligently answer questions and provide a truthful statement. That is, could Victor understand what was asked of him or did he simply say yes or answer affirmatively to get a favorable response from the detectives. Was an expert on mental retardation used? Did Victor get a forensic mental health evaluation? We're Victor's health and school records provided to any expert before they tested Victor?

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