DA Files Disclosure of Evidence Against Dominque Strauss-Kahn Filing:
How long did police hold Dominique Strauss-Kahn at the office of a detectives' unit before formally arresting him, Mirandizing him and bringing him before a Judge? Why wasn't he brought to a jail to await the judge? Why did they wait until late Sunday afternoon to bring the accuser in for a lineup -- so they could make sure she had enough time to see his face plastered all over TV (which she did?)
Here's the Disclosure Statement the District Attorney filed today.
- 4:40 pm: Police remove him from jetway
- 5:00 pm: Arrive at JFK Port Authority Precinct. He's handcuffed (in custody, not free to leave.)
- 5:15 pm: En route to Manhattan Special Victims Squad
- 5:40 pm: At Manhattan Special Victims Squad, still hasn't been able to call the consulate or a lawyer
- 9:00 pm: Still at Manhattan Special Victims Squad and still hasn't been able to call a lawyer. He asks them if he needs a lawyer. They answer, it's his right in this country. They add they don't know if he has any kind of diplomatic status. He says:
No, No, No, I'm not trying to use that. I just want to know if I need a lawyer
Answer: That's up to you.
- 10:55 pm: Still at the Manhattan Special Victims Squad, has talked to his lawyer, they still are asking him if he wants to talk, he says no.
- 11:20 pm: Still at Manhattan Special Victims Squad, they offer him something to eat.
- 2:45 a.m.: Formally placed under arrest
- 9:00 am: Still at Manhattan Special Victims Squad, they offer him breakfast
- 9:20 pm: Still at the Manhattan Special Victims Squad, they offer food, he asks for sandwich
- 9:50 pm: Still at Manhattan Special Victims Squad. (last entry)
What happened between 9:00 am and 9:20 pm that warranted the detectives keeping him at their office instead of a jail?
Since when do the cops get to keep you at the detectives' bureau for ten hours before placing you under arrest, and then when you refuse to talk, for more than another 24 hours, instead of bringing you to a jail to wait to until your court appearance?
And what's up with the answer, "That's up to you" when he asked if he needs a lawyer? It's their duty to tell him not only that he has a right to have a lawyer present during questioning but that one will be provided at no charge if he can't afford one, before they question him. And no, they can't presume he can afford one because of who he is. They still have to make that advisement. Before they ask him any questions (other than completely unrelated questions like whether he wants to use the bathroom or something to drink or eat.)
What would have happened if at say 7pm on May 14, he declared he would not speak with them and demanded to be arrested or freed? Would they have claimed the right to hold him until a lineup was conducted? Even if they had that right, it sure shouldn't take 20 more hours to do it. (The lineup wasn't until 4:00 pm on the 15th.)
When you are arrested, you should be brought before a magistrate without delay. And if one isn't available, you should be brought to a jail, not the detectives bureau, to be put into interview rooms and questioned at their whim.
Above all, remember, keep your mouth shut. Don't try to talk your way out of it. Jails are filled with people who thought if they could only tell their side of the story, police would see it their way. It rarely happens.
Strauss-Kahn didn't make any incriminating statements about the offense, so there may not be anything to suppress. This is probably routine practice in New York but that's unfortunate. When cops make an arrest, they should bring the person to jail to wait (in peace) for his court appearance. Miranda rights exist for a reason.
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