Conn. High Court Clarifies Rights of Suspects Seeking Counsel
The Connecticut Supreme Court has found that repeated statements made by a suspect in a child-abuse case amounted to a request to have an attorney present, and that questioning should have ceased at that point to allow consultation with counsel.
April 05, 2019 at 09:52 AM
5 minute read
As any lawyer knows, but many members of the general public do not, statements such as “I think I need to see a lawyer” are not direct enough under federal Miranda rights law to cease a police interrogation of a suspect. But a Connecticut Supreme Court ruling has changed that dynamic in the state, affording greater protections for individuals who make ambiguous requests for representation.
In State v. Purcell, the court has found that repeated statements made by the suspect in a child-abuse case amounted to a request to have an attorney present, and that questioning should have ceased at that point to allow consultation with counsel.
Robert John Purcell was arrested in early 2014 on risk of injury and sexual assault charges in connection with three separate incidents with a minor. A jury trial found Purcell guilty of three counts of risk of injury to a child but acquitted him on three counts of sexual assault and another count of risk of injury. He was sentenced to 16 years in prison, suspended after nine years, plus 10 years of probation. The conviction was upheld on appeal.
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