Tuesday, June 18, 2013

Itasca Co. Deputies Robert LeClair & Kyle Curtiss "Lawyer Up" As Cass County Pretends To Investigate $6500 Theft Of Lom's Money?

Cop #1: So wha'd he tell ya?
Cop #2: Nothin. The perp just lawyered up.

You can tell that this theft case brought by John Lom was never a priority to Cass County, can't you? Cass County should have interviewed Itasca Co. Deputies Robert LeClair & Kyle Curtiss long before John Lom ever went to give his May 22, 2013 statement, right? Or at least they should have interviewed them immediately after John Lom's statement, right? But that didn't happen, did it?

From: Scott Thompson
Sent: Wednesday, June 12, 2013 5:32 PM
To: duranske@
Subject: Itasca County case

Mr. Duranske'
Both Deputies appear to have obtained legal counsel. Deputy LeClair's attorney contacted me and will be on vacation until the end of June and will contact me when returns. Deputy Curtiss informed me on the phone that he has requested legal counsel, I have not been contacted by his attorney as of this date.

I will keep you informed of any future developments.
LT. L. Scott Thompson
Cass County Sheriff's Office

Plus, if Itasca Co. Deputies Robert LeClair & Kyle Curtiss were telling the truth in the Omnibus hearing, then there would be no need for them to "lawyer up" now, would there?  In fact, both deputies should have "plead the 5th" during the Omnibus hearing, right? They probably decided to "lawyer up" now since the loony story they gave at the Omnibus hearing was a loony story, right? (One of many loony stories of "the dog ate my homework," right?)

The Fifth Amendment gives the defendant a privilege of non-disclosure, not a license to dissemble.
George R. Dekle, Sr, Prosecution Principles: A Clinical Handbook (Thompson/West:2007), Page 28

Main Entry:
Part of Speech: verb
Definition: disguise, pretend
Synonyms: affect, camouflage, cloak, conceal, counterfeit, cover, cover up, dissimulate, double-talk, doublespeak, dress up, fake, falsify, feign, four-flush, hide, let on, make like, mask, pass, play possum, pussyfoot, put on a false front, put on a front, put on an act, put up a front, put up a smoke screen, sham*, shroud, shuck and jive, signify, simulate, stonewall, whitewash
Notes: dissemble means to conceal, to give a false appearance; disassemble means to take apart
Antonyms: admit, allow

As the cops love to say: "If you have nothing to hide, then why would you need a lawyer?" So what do Itasca Co. Deputies Robert LeClair & Kyle Curtiss have to hide, huh?

If we had the dash cam video of John Lom's malicious arrest, then we would be able to see that neither Itasca Co. Deputies Robert LeClair nor Kyle Curtiss afforded John Lom the "professional courtesy" to "lawyer up," wouldn't we? [Ex: Lion News: Ticket Fixing Scandal -- "Professional Courtesy" For Former Pope Co. Attorney Doebbert?] And this is Cass Co.'s version of a professional courtesy, isn't it?

New York's highest court, however, has ruled that once an arrestee has a lawyer, there can be no waiver without the lawyer being present,57 which, in effect, will almost invariably foreclose any interrogation.58

58The late Justice Robert Jackson of the United States Supreme Court made the following statement in the 1949 case of Watts v. Indiana, 338 U.S. 49, at 59: “Under our adversary system … any lawyer worth his salt will tell the suspect to make no statement to the police under any circumstances.” Fred E. Inbau, John E. Reid, Joseph P. Buckley, Brian C. Jayne, Criminal Interrogation and Confessions, 4th Ed., page 503.