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Michael Jackson Death Case Shows Why Suspects Shouldn't Talk

9/27/2011

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There is something that always happens in legal dramas, but almost never happens in real life.  A suspect has a lawyer.  The lawyer and suspect agree to talk to the police.  The suspect gives damaging information or outright confesses with the lawyer sitting right there, saying nothing, or even nodding in assent.

This almost never happens in real life because criminal defense attorneys know that whatever the suspect says will later come back to bite him or her.  When the police warn a suspect that "anything you say can and will be used against you in a court of law," they mean it.  And defense attorneys know that.

Generally, if a suspect agrees to talk to the police, it is before he has a lawyer.  Police rarely even try to talk to someone with a lawyer because they know the answer is likely to be, "no."

Dr. Conrad Murray, who is on trial in Michael Jackson's death, and his attorneys did not follow this general rule.  Two days after Michael Jackson's death, when there was wide speculation in the media that Dr. Murray was hiding and may have been involved, Dr. Murray and his attorneys agreed to speak to the police.

The prosecution's opening statement today capitalized on Dr. Murray's decision to speak to the police.  The prosecutor played clips of the recorded interview for the jury.  He showed quotes from the interview on a screen.  The prosecutor used Dr. Murray's own words against him to show his lack of credibility.

The lesson here is that it is almost never a good idea for a potential suspect to talk to the police, no matter how often they do so on TV.
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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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