Tag Archives: Criminal Attorney.

Judge Throws out “Coerced” Confession in Murder Case in Los Angeles

Can the statement that you gave police be used against you in court?   Most likely yes.  But it does need to pass some requirements.

First, your statement must be voluntary, as in not “coerced.”  This means that law enforcement can not physically harm you to get a statment.  Furthermore, detectives  cannot give you false promises of leniency.   Detectives can and usually do lie to people about the evidence they have against them.  Unfortunately, this is not against the law and by itself will not make a statement coerced.

Your age and the circumstances of your detention will also play into whether your statement is considered coerced.  Young age and mental competence will be considered voluntary or coerced.  For example, if you were detained for a long time and not allowed any water or bathroom visits during the interrogation, this may be a factor to show  involuntariness.  

The final factor if you are in custody when you make your statement is if you were given your miranda advisements prior to agreeing to talk to the police. 

 

 

Los Angeles judge finds confession was coerced, frees murder defendant

The jurist says ‘it wasn’t even a close call’ whether LAPD detectives coerced the man, 19 at the time, into changing his story, his lawyer reports. The teen had denied involvement dozens of times.

A man on trial for murder was set free this week after a judge found that Los Angeles police had coerced him into confessing.

Edward Arch, who was 19 at the time of his 2007 arrest and spent more than three years in jail awaiting trial, would probably have been sentenced to life in prison had the jury in the case convicted him.

However, before jurors were to begin deliberations, Los Angeles County Superior Court Judge Harvey Giss took the rare step of granting a request by Arch’s attorney Wednesday to dismiss the case because of a lack of evidence.

“I’ve been a criminal defense attorney for over 35 years and handled well over a hundred murder cases, and I’ve never had a judge grant a motion like this,” said Arch’s attorney, James Goldstein. “I don’t believe it was the officers’ intent to extract a false confession, but the tactics they used greatly increased the risk of that occurring.”



 

A spokeswoman for the Los Angeles County district attorney’s office refused to comment on the case, saying a co-defendant is still to stand trial in the case. Two of the detectives who interrogated Arch, Gene Parshall and Efren Gutierrez, did not respond to calls seeking comment. A third detective, John Macchiarella, declined to discuss the details of the case, saying only that he “disagreed with the judge’s decision.”

The trial stemmed from a shooting in May 2007 after a group of men in a North Hills neighborhood got into a verbal dispute with another man as he drove by. At least two men in the group allegedly gave chase and, when they tracked the man down, one of them shot him multiple times at close range.

Three weeks after the killing, detectives interrogated Arch at the LAPD‘s Mission Station. Arch, who had no serious criminal history, had allegedly been identified by residents in the neighborhood as one of the men in the group during the initial confrontation.

From the start of the roughly 90-minute interrogation, the detectives told Arch they had eyewitness accounts of him being in the car that chased down the victim. Two other suspects had also implicated him, the detectives told him.

“It’s not the question of whether you were in that car or not,” Parshall said, according to a transcript of the interview reviewed by The Times. “The question is, what led up to this guy getting shot?”

“I wasn’t in no Nissan,” Arch responded, calling the witnesses “liars.”

The teenager acknowledged that he knew the two other men whom police suspected of being involved in the killing. Despite intense questioning by the detectives, Arch said dozens of times that he had had nothing to do with the killing and hadn’t been in the car. He remained insistent that he had been in his aunt’s house playing video games when the men drove off. He offered to take a lie detector test.

There are no legal or ethical rules prohibiting detectives from lying to suspects or exaggerating the evidence they have in an effort to extract a confession. They cannot, however, entice a suspect by promising he’ll receive leniency or will be let go if he admits his involvement in a crime. Detectives must also be careful not to lead a suspect along by telling him what they believe occurred, since the suspect might then simply repeat the story he was told in a false confession.

The detectives apparently crossed both these lines in the eyes of the judge, who commented in court that “it wasn’t even a close call” whether Arch had been coerced, according to Goldstein.

Parshall, for example, laid out in detail for Arch how he believed the chase and the shooting occurred as he tried to get the teen to admit he had been in the car.

And later, Gutierrez told Arch that he wouldn’t get a “free pass” if he admitted to being in the car but that he was “gambling with [his] freedom” if he continued to insist on his innocence.

“You’re either a witness or you’re a defendant,” Gutierrez told Arch. “You were either in the car when you saw the murder go down and you didn’t know anything about it or you were part of it. And if you were part of it … we’re all going to be able to prove premeditated murder.”

Goldstein said the detectives had gone too far.

“Basically, they were telling him he could walk out that door if he admitted he was involved,” Goldstein said.

As soon as Gutierrez gave Arch the choice of being a “witness” or a “defendant,” Arch changed his story dramatically, saying he had, in fact, been in the car with Michael Brown, one of the other suspects.

He said he had gotten into the car because he wanted a ride to the store to buy cigarettes. As they chased the victim, Arch said, he asked several times to return home but Brown refused. He said he hadn’t seen the gun until Brown, who is awaiting trial, got out of the car and shot the man.

After the shooting, Arch said, Brown handed him the gun and he tossed it out of the car’s window.

The detectives asked why he had lied earlier.

“I knew, like, if I was in the car with him when something happened, I’m going to get in trouble,” he said.

Arch’s whereabouts are unknown, and he could not be reached for comment.

joel.rubin@latimes.com

jack.leonard@latimes.com

Copyright © 2011, Los Angeles Times

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do we bail him out?

It’s probably one of the most common questions I hear when i first speak to families that are faced with a loved one in custody.  Their initial response is to rush to bail him out.   Whether this is a good idea or not, depends on two factors.  If your loved one is facing criminal charges, he will appear in court within 48 hours, not including weekends or holidays.  At that hearing the Judge or magistrate will decide to either release him from custody on his own recognizance (commonly called an O.R. Release) or to set a bail amount.   At that first hearing, we can move to get our client out on an O.R. release (which means that his promise to appear is sufficient and he need not put up any money or collateral).  We can also request that his bail amount be lowered.  One a couple of recent cases, we were able to reduce bail from 8 million to 1 million and from $120,000 to &20,0000.   On a 10 percent premium, that could save you at least $10,000 on bail.

The ultimate question remains, can you afford to bail him and AND get him proper representation.  If you can afford both an attorney and bail, then by all means get him bailed out.  You may still want to talk to us to see if we can lower the bail further or if we can guide you towards trustworthy bailbonds company. 

But if your finances don’t allow for both, then you are putting yourself in a very precarious position by bailing him out and then facing the criminal justice system without an attorney.  I have seen people bail out and appear in court without an attorney just in time for the bail to be increased and they go right back (obviously without an attorney to argue for them to stay out)

So the final word on the question of to bail or not to bail:  If you have the resources to bail and get strong representation, by all means bail them out (first consult us to see if we can save you money).   If you have to choose between bail and an attorney, remember that posting bail only gets him out that day and the criminal charges are still waiting for him.  

Best of luck,