"Miranda protection reduced by SJC" by John R. Ellement, Globe Staff | March 13, 2010
The state’s high court said for the first time yesterday that police do not have to give a Miranda warning to a suspect who has consulted a lawyer and has that lawyer with him or her while being questioned by police.
In a 4-3 ruling involving a Winchester killing, the majority of the Supreme Judicial Court said Fifth Amendment protection against self-incrimination, and the stronger protection under Article 12 of the Massachusetts Constitution, are safeguarded because the lawyer can step in and stop questioning at any time. The dissenters said the majority has stripped residents of the greater legal protection given Massachusetts citizens under the state Declaration of Rights.
The case involves the Oct. 24, 2007, shooting death of Christopher Barbaro, who was killed inside his Irving Road home. His brother, Bryan, was also shot but survived and gave police the first name of the alleged attacker, Wally. Police said in court papers that Bryan’s information led them to Wally Simon, whom they followed as he drove into Boston and met with his lawyer. After about an hour of waiting, Simon was questioned with Daniel Solomon next to him. Simon insisted he was not on Irving Road at the time of the shootings. Simon’s current lawyer,
The cops didn't read it to him when they always do on the TV shows?
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I wouldn't want it either.
That lawyer better be on the ball, convict.
Oh, right, guilty until proven innocent here in Massachusetts.
I mean, .... what do I mean?
