s_knight8 wrote:
http://www.rockymountainnews.com/drmn/news_columnists/article/0,1299,DRMN
_86_2627842,00.html
While the prosecutors did their best Tuesday to depict the discussions
between Bryant and the detectives as a "consensual interview," the
evidence heard so far by Chief District Court Judge Terry Ruckriegle
would seem to demonstrate that the officers illegally exploited their
warrants as an excuse to question Bryant, seeking incriminating
responses.
Suppression is a near certainty: The officers repeatedly violated the
law, contacting Bryant at night, failing to transport him to the
hospital right away, and questioning him at all, let alone without
first reciting the Miranda warnings.
Will suppression of Bryant's statements thwart justice in this case?
Not hardly.
While we may never learn what it was that Bryant told the officers
during the hotel room interrogation, obviously he did not blurt out an
outright confession to rape.
This we know because of the language used in the probable cause order
issued by County Court Judge Frederick Gannett after the preliminary
hearing in the case, in which Gannett described the prosecution's
evidence as "minimal" - even including Bryant's still-secret
statements.
Not to mention the fact that the questioning was done 24 hours after the
incident and at a time when most hotel guests would be in bed. Thereby,
causing an undue disturbance for the guests.
Not to mention the fact no grand jury was convened for determining the
validity of a search warrant as is required by the US Constitution.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a grand jury, except in
cases arising in the land or naval forces, or in the militia, when in actual
service in time of war or public danger; nor shall any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just compensation.
So when and where was the grand jury convened to indict Mr. Bryant?
I don't believe the prosecutor is the grand jury and has cart blanche rights
to issue arrest warrants at will.
