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
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
218-547-7310
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
dissemble
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
http://thesaurus.com
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.
