Chuck Turners Rights Violated? Really?

Chuck Turner the embattled Boston City Counsellor has weighed in on the ongoing corruption scandal brewing. His Attorneys have made allegations of Police misconduct in not reading him Miranda.

His attorney Brian Wilson in his affidavid filed in Boston Federal court stated, “The FBI could have arrested Mr. Turner on the day he was questioned but chose not to. Instead, the agents went to speak with Mr. Turner with a specific agenda; that is, they wanted to try to make Mr. Turner contradict himself so that they could file additional charges,”.

The Miranda case (1966) being brand new and all, I can understand where they would forget that half the calculation involves the party having to be in custody or a police dominated atmosphere where the Officer has fixed it in their own mind to arrest the subject. Commonwealth v. Jimenez, 438 Mass. 213, 218 (2002). To determine whether the defendant was in custody, ‘we examine four factors: (1) the place of the interrogation; (2) whether the police conveyed any belief or opinion that the person being questioned was a suspect; (3) whether the questioning [was] aggressive or informal; and (4) whether the suspect was free to end the interview by leaving the place of interrogation, or whether the interview ended with the defendant’s arrest.’ Commonwealth v. Murphy, 442 Mass. 485, 493 (2004), citing Commonwealth v. Sneed, 440 Mass. 216, 220 (2003) (custody determination depends on the ‘objective circumstances of the interrogation’).

 Turners attorneys in their own motion state that the intent of the police was not to arrest Turner, but to use the answers gathered to impeach his credibility later. Kind of self defeating and a desperate reach at best.

Attorney Ronald A. Sellon

About Attorney Ronald A. Sellon

Ronald A. Sellon is a licensed Attorney in the state of Massachusetts and U.S. District Court, Massachusetts as well as a Sergeant with a Municipal Police Department and U.S. military Veteran. Additionally, he has taught Criminal Procedure at the Massachusetts State Police Academy in New Braintree and has written a text on Criminal Procedure for police field training officer programs. He is a graduate of the FBI National Academy, was a 2008 recipient of the Massachusetts Coalition of Police (Mass C.O.P.) Presidents award and holds a Bachelors Degree in Law Enforcement, a Masters Degree in Criminal Justice Administration, and a Juris Doctor Law Degree. Questions related to content material may be directed to RSellon@PoliceLegalPromotions.com
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