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Another Court Wasting Time... #14481224 01/18/20
Joined: Feb 2001
Posts: 43,143
Sitka deer Offline OP
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Always thought you had the right to remain silent but had actually do it. Sounds to me like he should have shut up if he wanted to.

https://www.ktuu.com/content/news/Defendant-in-Grunwald--567100851.html

Indictment against Grunwald murder defendant thrown out

photo of murder victim David Grunwald

By KTUU staff | Posted: Fri 8:42 PM, Jan 17, 2020

ANCHORAGE, Alaska Austin Barrett, one of the defendants accused of the murder of David Grunwald in 2016, had his indictment thrown out by a Palmer judge.

Barrett's defense attorney argued that police continued to question Barrett even after he told them he was going to invoke his Fifth Amendment right against self incrimination.

The defense says Barrett was taken into custody by police on Dec. 7, 2016 and agreed to answer questions, and was interviewed for about two hours. After answering some questions, the defense said Barrett made it clear he was invoking his rights, but the questioning continued.

Court documents say Barrett told investigators "I'm going to plead the Fifth and just wait". The defense claims officers then continued to interview Barrett, who denied being in the trailer where Grunwald was pistol-whipped, denied being in the victim's Bronco and denied being with Grunwald the night of the murder.

Court documents say one of the officers told Barrett that another suspect, Erik Almandinger, had identified Barrett as the person who shot Grunwald, but that Barrett continued to refuse to answer questions.


Superior Court Judge Gregory Heath ruled that Barrett was subjected to "coercive and relentless questioning that led to an interview that cannot be considered voluntary". The judge ruled that any statements made after Barrett said he was pleading the Fifth cannot be used as evidence, and the judge also dismissed the indictment against Barrett.

Judge Heath also ordered that Barrett be held in custody pending the filing of a new indictment. He also set a status hearing in the case for Jan. 22nd.


Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.
BP

Re: Another Court Wasting Time... [Re: Sitka deer] #14481510 01/19/20
Joined: Jun 2001
Posts: 22,268
las Offline
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So invoking the 5th means the cops can't continue the questioning?

All the little prick had to do was clam up after invoking the 5th. If he continued to answer questions, that's on him, but of course that evidence should not be admissible and I think nothing else that was developed from those after-answers is).

Presumably he had been read the Miranda. Had he even been arrested yet?

I'm not a lawyer and don't play one on TV....and did not closely follow the case in the news.

Last edited by las; 01/19/20.

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Re: Another Court Wasting Time... [Re: Sitka deer] #14481538 01/19/20
Joined: Dec 2004
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JeffA Offline
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Lets hope the prosecutors saw this coming and have what they need to continue with a strong case after a new indictment is filed.
If this prick walks on a technicality he'd better get out of the state of Alaska fast, and that might not be far enough.

Re: Another Court Wasting Time... [Re: Sitka deer] #14482118 01/19/20
Joined: Feb 2001
Posts: 43,143
Sitka deer Offline OP
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The other defendants have squealed and his own squeals are probably not needed to convict...


Mark Begich, Joaquin Jackson, and Heller resistance... Three huge reasons to worry about the NRA.

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