AZlawyer
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Just to clarify, I think it was MS who invoked the Fifth. http://www.nbc-2.com/story/32117342...rder-question-at-custody-hearing#.V1Bq-pNrjdQ
Q1: in another article, MS used the Fifth Amendment, but did answer some of the questions. I thought the rule (?) was that once you invoked, you couldn't pick or choose which questions you want to answer or can you?
I like that in the above article "The decision to plead the fifth in family court can be held against Mark Sievers," but his lawyer argued that his silence alone doesn't warrant removing his parental rights. It's confusing that his refusal to answer questions wouldn't support that he has something to do with the reason why his children are in court having their custody decided.
Q2: A Pretend Theory in this case only: If MS had nothing to do with murdering his wife and is completely innocent, why would he refuse to answer any questions at all during a custody hearing? It's not his trial yet. Do you know of anyone who has refused to answer questions but was innocent of the crime for which they were convicted?
I wasn't saying anything about anyone invoking the 5th Amendment in this case, just that CWW had waived his 5th Amendment rights.
Once you waive your rights, you can't pick and choose which questions to answer that are within the scope of your waiver. The scope of a waiver is not always cut and dried, but in this case it would certainly include who killed TS and who offered to pay for it.
Yes, people often refuse to answer questions even if innocent on advice of counsel. Believe it or not, it is not always "safe" to talk to LE or testify if you are innocent. If LE or prosecutors think you are guilty, you are in danger whether you know it or not.