15June06

Refinements, from a student who is a well-known and respected criminal defense attorney:

"I cannot count the number of times I've heard a client say, =80 They wanted to interview me, and we talked a little, but I didn't tell them ANYTHING. I was very careful.' Then, I get the discovery, including the report on the interview. It invariably includes a full confession, plus additional damag ing statements, repeated multiple times. Great beginning for our defensive strategy!

The only thing that I believe a person should tell police who arrive at a hot scene (not all lawyers agree) is:

(1) 'Thank heaven you're here!'

(2) 'I'm the one who called.'

(3) 'A man broke into our house and tried to murder us.' (tw eak as necessary)

(4) 'I'll be happy to answer all your questions, as soon as my lawye r is here.'

The only additional statements I advise are:

Tell arriving officers about: (1) active threats, (2) innocent people in th e area (3) evidence, and (4) witnesses. These are important to the case, to the safety of officers and others, and may not be obvious.

Those statements, while still not risk-free, are appropriate and reasonable , and I think there is a moral duty to provide information which DIRECTLY effects the safety of officers and the discovery of truth."

/John