We've all seen the television police dramas when detectives bang on tables and make threats to suspects who aren't cooperating with their questioning. Many of us believe it is just Hollywood.
But for many suspects, they face the harsh realities of being a target of police interrogation. This is especially true in Los Angeles murder cases. Detectives so desperately want a conviction, they will do just about anything to get it.
Los Angeles Criminal Defense Attorney Vincent Howard realizes there may be enormous pressure on police to catch a killer. But he also believes suspects' rights must be upheld when police are looking at them for a crime. Abuse, violating their Constitutional rights and other misdeeds will get officers nowhere and could cost them their jobs.
A recent Illinois case, Aleman v. Village of Hanover Park shows just how terrifying and disruptive police interrogations can be. The court records also show that police will lie, make unethical decisions and trample upon people's rights to try to solve a case.
In this case, Aleman had operated a home day care for about five months when an incident happened one September day in 2005. On that day, a young mother dropped off her 11-month-old son, whom she noted had been lethargic and feverish. Just after he was dropped off, the boy began gasping for air and collapsed. Aleman performed CPR and called for an ambulance. The boy lived only a few more days before dying at the hospital.
Detectives asked Aleman to come in for questioning and he and his wife traveled to the police station. He was placed in an interrogation room and made to wait nearly an hour before he asked if he could leave and return later. They said no because he was under arrest. He waited another five hours before detectives finally entered the room.
They told the man he had the most information and they wanted to talk to him. This was after they had told him he was under arrest, yet hadn't read him his Miranda rights. They began a Miranda form for him to sign and the man wisely asked to call his lawyer. Los Angeles Criminal Defense Attorney Vincent Howard advises all defendants to seek legal counsel before police questioning. You'll see why later.
Police told the man they wanted him to sign a rights waiver, but the man insisted on calling his lawyer. During that conversation, one of the officers picked up the phone and talked to the lawyer, who said the man was going to remain silent. But the Supreme Court has ruled that the defendant must invoke that right, not another person.
Police continued to try to get the man to talk, but he said he wanted to go home. They told him he couldn't go home unless he talked to them. Eventually, they got the man to crack and they talked to him for four hours. His only admission, according to court records, is that he may have shaken the baby too hard, after police told him he was responsible for the death.
But what later came out is a travesty, Los Angeles Criminal Defense Attorney Vincent Howard believes. Prosecutors found out another detective lied to the medical examiner to get her to change her opinion about whether Aleman could have caused the death. That same detective spoke with the boy's mother, who had a history of violence and disdain for her son, and told her not to talk to other detectives.
Eventually, charges were dropped against the man and he sued the town and its police department -- but not before his reputation was ruined. Los Angeles Criminal Defense Attorney Vincent Howard believes this case shows an extreme example of police misconduct. But variations of this type of situation aren't that uncommon. We look to defense attorneys and the justice system to right these wrongs.
If you or a loved one would like to speak to a criminal defense attorney in Los Angeles or in any of the surrounding areas, contact HOWARD LAW PC for a confidential appointment to discuss your rights. Call 1-800-872-5925.
