The prosecution can bring up evidence of a defendant’s pre-arrest silence under the fair response doctrine even if the defendant doesn’t testify, a split three-judge panel of the state Superior Court ruled.
During cross-examination of the detective in Commonwealth v. Fischere, defendant Stephen Fischere’s attorney asked the detective why he didn’t ask more probative questions during an initial interview of Fischere when investigating the death of Fischere’s girlfriend’s young son.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
