The officers responsible for obtaining a confession were found to have done so legally, but the fact that the prosecution’s most convicting piece of evidence was obtained in this way leaves room for doubt that could have led to a dismissal.
Orange County, CA (PRWEB) January 26, 2013
When Dennis Lemoine was convicted for sexually assaulting a young child, his confession became a pivotal piece of evidence leading to his conviction. According to court documents, Lemoine fought his conviction and was able to take his case all the way to the Supreme Court (State of Wisconsin v. Dennis D. Lemoine CASE NO.: 2010AP2597-CR).
Court documents show that Lemoine felt that the police who interrogated him used coercive and deceptive techniques, but according to Justice Patrick Crooks, deceiving potential criminals during interrogations is common practice.
“Using deception in an interrogation is common and generally acceptable,” said Justice Patrick Crooks. “Balanced against Lemoine’s characteristics, [police] conduct was not so coercive that it overcame Lemoine’s ability to resist.”
Ron MacGregor, Orange County criminal defense attorney, always advises his clients to seek legal counsel before offering information to the police. “After several decades working with people who have been charged with serious crimes, I know first-hand the deceitful tactics that over-zealous police officers will utilize to obtain a conviction. It is not uncommon for first-time offenders to be tricked into divulging incriminating evidence.
“In the case of Lemoine, the officers responsible for obtaining a confession were found to have done so legally, but the fact that the prosecution’s most convicting piece of evidence was obtained in this way leaves room for doubt that could have led to a dismissal,” said attorney MacGregor.
According to 2009 statistics provided by the U.S. Department of Justice, nearly half of all violent crimes were reported to the police. Of those who suffered some form of sexual assault and/or rape, 1.6 % of them were children between the ages of twelve and seventeen.
In Lemoine’s case, not all of the Supreme Court Justices were positive that his interrogation was lawful. According to Wiscnews.com, Chief Justice Shirley Abrahamson was one judge who felt that there were legitimate concerns regarding the validity of Lemoine’s interrogation.
In her opinion, Lemoine was in custody while he was being interrogated, which would have required the police to advise him of his Miranda Rights. If the police in question failed to advise Lemoine of his rights under certain circumstances, he may have had legal grounds for his confession to become inadmissible evidence.
The majority concluded that Lemoine was not in custody and that the evidence used against him to obtain a conviction was lawfully obtained.
MacGregor & Collins, LLP
The attorneys at MacGregor & Collins, LLP provide legal assistance for those who have been arrested and/or charged for sexual assaults, murder, DUI, drug charges, domestic violence, and more. Their team of highly-trained legal professionals provide free consultations through its website and main office in Newport Beach, California.
To obtain a free consultation, contact a MacGregor & Collins Lawyer via their website or call (949) 250-6097.