Posted by MARIA on 4/12/07

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SCENARIO: SUSPECT SOUGHT FOR MURDER & QUESTIONING

SUSPECT 1 IS TAKEN INTO CUSTODY FOR A PAROLE VIOLATION. HE
IS QUESTIONED ABOUT A MURDER. HE FIRST DENIES BEING AT THE
CRIME SCENE. AFTER TALKING TO HOMICIDE DETECTIVES, ONE OF
THE DETECTIVES ASKS HIM IF HE'D LIKE TO TALK OFF RECORD.
SUSPECT AGREES AND THEY TURN OFF THE RECORDER. SUSPECT 1
THEN TELLS WHAQT HAPPENED THE DAY OF THE MURDER AND ALSO
TELLS WHO DID THE MURDER.

SUSPECT 2 IS SOUGHT FOR QUESTIONING OF THE MURDER.
SUSPECT 2 IS PICKED UP FOR A PAROLE VIOLATION AND FOR A
WARRANT FOR HIS ARREST FOR THREATENING TO KILL SOMEONE.

DURING THE INTERVIEW OF SUSPECT 1...SUSPECT 1 REPEATEDLY
TELLS THE DETECTIVES THAT HE IS IN FEAR OF HIS FAMILIES
SAFETY AND THAT HIS FAMILY (WIFE&KIDS) NEEDS TO BE
PROTECTED. S1 IS IN FEAR OF RETALIATION FOR TELLING ON S2.

S2 IS NOW QUESTIONED ABOUT THE MURDER, HE DENIES EVER BEING
AT THE SCENE. HE ALSO DENIES EVER KNOWING S1.

S1 IS REINTERVIEWED BY HOMICIDE DETECTIVES A DAY IN A HALF
LATER TO TELL EVERYTHING ON TAPE.

S1 HAD ASKED HOMICIDE DETECTIVES IF HIS FAMILY IS
PROTECTED. THEY LIED AND TOLD HIM YES. S1 THEN TELLS SAME
STORY OF WHAT HAPPENED.

HOMICIDE DETECTIVES ARE BLAMING S1 OF THE MURDER.

S1 VERY CONCERNED ABOUT FAMILIES SAFETY TAKES THE BLAME FOR
THE MURDER AND MAKES A FALSE CONFESSION.

S2 IS REINTERVIEWED BY DETECTIVES, HE SAYS THAT HE WAS AT
THE CRIME SCENE AND THAT HE KNOWS S1. MURDER.

HOMICIDE FILE CASE WITH DISTRICT ATTORNEY. HOMICIDE WISH
TO FILE MURDER CHARGES ON S1 & S2. D.A. REFUSE TO CHARGE
S2 WITH MURDER.

S1 IS CHARGED WITH:

P.C. 187 - MURDER IN THE FIRST DEGREE

P.C. 12022.53d - PERSONALY & INTENTIONALLY DISCHARGE A
FIREARM CAUSING GREAT BODLY INJURY & DEATH.

P.C. 12021(a)(1) - POSESSION OF A FIREARM BY FELON

S2 IS CHARGED WITH:

P.C. 32 - ACCESSORY AFTER THE FACT (KNOWLEDGE OF A CRIME)

S2 IS GIVEN A PLEA BARGAIN BY THE D.A. FOR 10 YEARS. HE
AGREES TO PLEA BARGAIN AND SIGNS FOR THE DEAL. HE IS
SENTENCED TO 10 YEARS IN PRISON.

S1 WAS TAKEN TO TRIAL AND WAS FOUND GUILTY BY A 12 PERSON
JURY . HE WAS FOUND GUILTY ON SECOND DEGREE MURDER,
PERSONALLY DISCHARGING A FIREARM AND POSESSION OF A FIREARM
BY A FELON.

S1 WAS SENTENCED TO LIFE IN PRISON.

S1 FILES FOR AN APPEAL. APPEAL IS PENDING.

NEW DISCOVERY>>>>>>>>>

S2 NOW TELLS THE TRUTH "HE DID THE MURDER" HE'S NOT
WILLING TO TESTIFY IN COURT BUT TOLD S1 PRIVATE
INVESTIGATOR HE DID THE MURDER NOT S1.

------------------------------------------------------------

1. CAN S2 BE CHARGED WITH MURDER?

2. CAN S2 BE CHARGED WITH ANY CHARGE WITHIN THIS CASE?

3. IS SUSPECT 2 PROTECTED BY HIS RIGHTS TO AMENDMENT V;
NOR SHALL ANY PERSON BE SUBJECT FOR THE SAME OFFENSE TO BE
TWICE PUT IN JEOPARDY OF LIFE OR LIMB?

4. WILL SUSPECT 2 AFFIDAVID STAND UP IN COURT?

5. WILL SUSPECT 1 CHARGES BE DROPPED?

6. CAN SUSPECT 1 BE CHARGED WITH ANYTHING IN THIS CASE?

Re: CALIFORNIA CRIMINAL LAW ATTORNEY NEEDED FOR FEED BACK, 5/25/07, by Ponch.

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