One Supreme Court justice warned that police in the Garden State are “on notice.'
The court found a prosecutor’s detective violated Gonzalez’s Miranda rights about having a lawyer during her interrogation, and the trial judge erred in allowing jurors to hear certain testimony, the decision says.
The interview changed, though, when Reyes told Gonzalez that video cameras in the family’s home captured her interactions with the boy. It was ruse by Reyes; the family had no such cameras. She also admitted throwing the boy onto his play mat and tossing water in his face, the decision says. The federal Miranda rights are clear, the high court said, that if someone in custody and under interrogation asks for a lawyer, the matter stops until they have one. Federal courts have also ruled that a request for a lawyer must be “unambiguous or unequivocal.”
The detective’s failure to do so and the judge’s allowing it as evidence at trial was error, the high court found. And the boy’s mother said on the stand that a doctor described her son’s left leg fracture as “clear child abuse.” The father testified the doctor told him, “This is, basically, textbook child abuse.”
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