WASHINGTON — The Supreme Court on Monday seemed headed toward telling police they must explicitly advise criminal suspects that their lawyer can be present during any interrogation.
The arguments in front of the justices were the latest over how explicit the Miranda warning rights have to be, as justices debated whether the warnings police gave Kevin Dwayne Powell made clear to him that he could have a lawyer present while being interrogated by police.
Kevin Dwayne Powell of Florida was convicted of illegally possessing a firearm after telling police he bought the weapon “off the street” for $150 for his protection.
Before his confession, Powell signed a Miranda statement that included the statements “You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview.”
The Florida Supreme Court overturned the conviction on grounds the Tampa police didn’t adequately convey to Powell that he was allowed to have a lawyer with him during questioning.
A decision is expected next year.
Connecticut: No charges for owner in chimp mauling of woman
A Stamford woman who owned a chimpanzee that mauled and blinded a woman won’t be charged because there’s no evidence she knowingly disregarded any risk the animal posed, a prosecutor said Monday. The state’s attorney said it wasn’t evident that Sandra Herold had been deliberately reckless in handling the animal. He said state officials did not share their safety concerns about the chimpanzee with Herold and did not enforce a permitting requirement. The 200-pound chimpanzee went berserk in February after Herold asked Charla Nash to help lure him back into her house. The animal ripped off Nash’s hands, nose, lips and eyelids.
Virginia: SEALs arraigned
Two Navy SEALs accused in the mistreatment of an Iraqi suspect in the 2004 slayings of four U.S. contractors were arraigned in military court in Norfolk on Monday. The judge scheduled courts-martial next month for Petty Officer 2nd Class Matthew McCabe of Perrysburg, Ohio, and Petty Officer 1st Class Julio Huertas of Blue Island, Ill. A third SEAL will be arraigned later. McCabe is accused of striking the detainee in the midsection, dereliction of duty for failing to safeguard the detainee and lying to investigators. Huertas is charged with dereliction of duty, lying to investigators and impeding an investigation. Huertos has pleaded not guilty; McCabe has not entered a plea.
Pakistan: Bombings kill 48
Bombings in a Lahore market and outside a Peshawar courthouse killed 48 people Monday as militants struck back in the wake of an army offensive against a Taliban stronghold near the Afghan border. Many victims at the market were women and children. More than 400 people have been killed in militant attacks since the beginning of October.
North Korea: U.S. envoy visiting
After a year of tensions, President Barack Obama is sending a veteran diplomat, Stephen Bosworth, to North Korea today in an effort to persuade Pyongyang to rejoin nuclear disarmament talks. The State Department said Bosworth would not be carrying inducements meant to lure the North back to the negotiating table.
Brazil: Tunnel to $6 million
Thieves who spent months tunneling about 110 yards from a Sao Paulo rented house to an armored car company’s safe made off with nearly $6 million over the weekend, making their getaway as season-ending football matches virtually shut down Brazil, authorities said Monday. A TV station reported that electricity was cut off to the company’s office and some security cameras were not on when the theft happened, but authorities did not immediately confirm that. Firefighters said the tunnel was about 1 yard high and 1 yard wide.
Iran: Mass student protests
Tens of thousands of students, many shouting “Death to the Dictator!” and burning pictures of Iran’s supreme leader, took to the streets on more than a dozen campuses Monday in the biggest anti-government protests in months. Riot police and militiamen on fleets of motorcycles flooded Tehran’s main thoroughfares, beating men and women with clubs as crowds of demonstrators hurled bricks and stones. Some protesters set tires and garbage cans ablaze. Monday’s mass mobilization was unlikely to mean a new wave of more frequent protests — activists say escalation remains difficult under the crackdown after summer demonstrations.
From Herald news services
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