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Sandusky Is Another Example of Why Criminal Suspects and Defendants Should Almost Never Speak

11/18/2011

6 Comments

 
High profile cases have been proving me wrong lately.  Kind of. 

One of my big gripes with film and television crime shows is their common depiction of a criminal suspect or defendant talking to police while his lawyer sits idly by.  This is a common complaint of mine because criminal defense lawyers almost NEVER let their clients speak to police, and for good reason.  Criminal lawyers know that the best evidence against someone is often their own words. 

No matter how clever someone thinks they are, there is almost never anything they can say to help themselves once  the police have targeted them as a suspect, and certainly not once hthey have been charged. 

That said, Jerry Sandusky, a former Penn State football coach, who has been charged with 40 counts of molestation against 8 boys, spoke to sports reporter Bob Costas, this week.  During the interview, Sandusky admitted almost all of the allegations against him short of the ultimate sexual acts.  Most reports of the interview concluded that it did not help him at all, at least in the court of public opinion. 

Chances are good that if Sandusky goes  to trial, the prosecution will play the tape of his interview to the jury.  The jury will likely see Sandusky's words in a bad light as well, and it will come back to bite him. 

This is exactly what happened recently during the involuntary manslaughter trial against Michael Jackson's doctor, Conrad Murray.  I used that case as an example of why suspects should not, and usually do not once they have a lawyer, speak to police.  Speaking to a reporter is not any different.

Sandusky's lawyer has gotten a lot of flack as a result of letting Sandusky do the interview.  Of course, if a client insists on talking, there's really only so much a lawyer can do.  And who knows how things played out between Sandusky and his attorney.  At the end of the day, however, this case stands as yet another example of why suspects and defendants should not talk, and, more importantly, why criminal defense attorneys almost never let that happen.

Sign up for your free Writer's Guide:  Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama, which includes more information about the value of remaining silent.
6 Comments
Family Law link
6/20/2012 10:34:46 pm

I can see that you are an expert at your field! I am launching a website soon, and your information will be very useful for me.. Thanks for all your help and wishing you all the success in your business.

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Blythe
6/21/2012 02:00:37 am

Thanks for the feedback! And good luck with your site!

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Blythe
6/21/2012 02:49:27 am

And, as predicted, the prosecution did use portions of Sandusky's interview with Bob Costas against him at trial: http://bleacherreport.com/articles/1221137-jerry-sandusky-trial-bob-costas-interview-shown-in-court-and-more-day-3-notes

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Accident Attorney link
6/24/2012 06:16:24 pm

I admire the valuable information you offer in your article. my opinion is that there has to be a middle or common ground that we all can find.

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Blythe
6/26/2012 05:37:35 am

Thanks for your feedback and input! I'm glad you liked the article.

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Injury Attorney link
6/28/2012 04:24:02 pm

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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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