Found Alive CA - Sherri Papini, 34, Redding, 2 November 2016 - #23

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  • #1,081
Yes they can! The police can lie to you in the UK too!

I'm referring to the list of 10 things that was posted
I'm not talking about the Police lying
Do you have personal experience of that ? I'm a retired Detective Chief Inspector and I never lied during my Police career and most don't although as in any occupations there are always some bad apples and if you have personally experienced this then I'm sorry that you have met a 'bad apple' ...


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  • #1,082
Yes, I would care very much if my child was missing and the police arrested me. Talk about what is a natural human response! I would be distressed beyond words that LE was focused on the wrong person, and possibly overlooking clues/evidence that could mean the difference between life or death for my missing child.

I try not to imagine the actual horror of ANY of the criminal cases I read about or have followed, especially those involving missing/violated/murdered children, which for the most part I avoid altogether- too painful.

But yes, as a mother who would literally & willingly die for my son if it came to that, I can readily accept that I'd almost certainly feel the agony you describe if...

Maybe we are simply talking past one another, though? I didn't say I would stop talking to LE, nor that I'd stop cooperating. It seems a false (and dangerous) choice to assert that one can either cooperate with LE OR one can protect oneself.

One can do both. One says to LE- I need desperately to help you find my child, but since it looks like you are turning your focus on me, I also need to protect myself, for my sake,and for my child's sake, because your focus on me might be wasting irreplaceable time . Lawyer. Now. Please.

Amen.
 
  • #1,083
Sorry for the OT, but does anyone else keep getting kicked off WS after receiving weird false virus alerts and "congratulations! You're today's winner " spam?!! I'm getting hit now every time I sign in or try to post. :(
 
  • #1,084
Yeah, that just ain't right, but, they are allowed to do so, and this is why I tell everyone, I don't care what it is, if you're being brought in to be questioned about something, the only thing you should say, is, "I want an attorney." That's it. Period.

To be honest with you, the difference between the USA judicial System and the UK judicial system astounds me and personally if I were in that position in the USA then I would request an attorney asap
We are not allowed to talk about a case at all other than to give basic details to request witnesses before and during any trial. It's called 'subjudice ' and it can only be discussed in public once the trial is completed. It astounds me when I see cases being discussed before trial and during trial in the USA i.e. Brendan Darcy, Stephen Avery, Casey Anthony et al
Irrespective of their guilt or innocence, as the accused , it disturbs me to see the case discussed before trial in the public domain and often wonder if it gives a fair trial with the mantra innocence unless proved guilty in a court of law. ( Although I was horrified at some of the perceived evidence in the Avery/ Darcy case and I truly personally believe that Casey Anthony got away with murder )
 
  • #1,085
Sorry for the OT, but does anyone else keep getting kicked off WS after receiving weird false virus alerts and "congratulations! You're today's winner " spam?!! I'm getting hit now every time I sign in or try to post. :(

No, but it's been acting weird. Suddenly scrolls down the screen on me in the middle of typing.
 
  • #1,086
No, but it's been acting weird. Suddenly scrolls down the screen on me in the middle of typing.

Thanks. After being kicked off 7x in a row I signed on with a different server. Geez!
 
  • #1,087
You could disregard the advice, fire the attorney and hire another one. If the lawyer only tells you to not talk to police and say's you owe me $5000 and that's it I would recommend getting a different lawyer.

JMO
The only attorney who would tell a client to submit to an interview or questioning by police is one that is incompetent.

This article has a good explanation of why an attorney would not want even a completely innocent client from talking to LE.

https://www.avvo.com/legal-guides/u...-with-law-enforcement-during-an-investigation

If you give the detective a statement that frees you from blame (an exculpatory statement), it cannot help you because at a trial the District Attorney will not introduce the statement as evidence because it does not help their case.

Further, your attorney cannot introduce it as evidence because the statement would be considered hearsay. Your exculpatory statement cannot be used "for" you. What you tell the police is only admissible against you at a trial.


And more...

https://criminal-defense-law-nyc.com/never-speak-police/

https://www.vice.com/amp/en_us/arti...olice-interrogation-law-constitution-survival

It would verge on malpractice for an attorney to tell a client to talk to LE.


And I do agree 100% with Gitana. Having been in a traumatic situation involving my child, there is no thought of anything other than that child. Nothing else matters. You don't eat, you don't sleep, there is no world other than your child. An attorney would never enter your mind.

An innocent parent who loves their child would spend the money on a PI, not an attorney.

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  • #1,088
Have you ever been in the position that you've had to deal with LE over a child who has disappeared? I have. I've found that, for the the large majority, they were rather blasé, and uncaring about my child or helping us find our way to the station in another frickin' state. If the fingers start getting pointed at me, then yes, I'd have a lawyer with me, when I help them find my child. I'll be of no use to my missing kid, nor my others who are not, if I'm locked up b/c of LE's errors (and, many times, tunnel vision).

Exactly.
 
  • #1,089
I'm referring to the list of 10 things that was posted
I'm not talking about the Police lying
Do you have personal experience of that ? I'm a retired Detective Chief Inspector and I never lied during my Police career and most don't although as in any occupations there are always some bad apples and if you have personally experienced this then I'm sorry that you have met a 'bad apple' ...


Sent from my iPhone using Tapatalk
Do I call you Vera or George Gently? ;-)

Sent from my SM-G920V using Tapatalk
 
  • #1,090
bbm

If my child were missing, I would not pay for advice from someone whose overriding interest and goal was to protect me, instead of to find my child.
 
  • #1,091
:deadhorse:

Okay, so now that everyone has had their say on what they themselves would do if their spouse or child was abducted/missing and whether hiring an attorney is an indicator of guilt or a wise move in such a circumstance, let's move forward and leave this poor dead horse laying right here.
 
  • #1,092
The only attorney who would tell a client to submit to an interview or questioning by police is one that is incompetent.

This article has a good explanation of why an attorney would not want even a completely innocent client from talking to LE.

https://www.avvo.com/legal-guides/u...-with-law-enforcement-during-an-investigation

If you give the detective a statement that frees you from blame (an exculpatory statement), it cannot help you because at a trial the District Attorney will not introduce the statement as evidence because it does not help their case.

Further, your attorney cannot introduce it as evidence because the statement would be considered hearsay. Your exculpatory statement cannot be used "for" you. What you tell the police is only admissible against you at a trial.


And more...

https://criminal-defense-law-nyc.com/never-speak-police/

https://www.vice.com/amp/en_us/arti...olice-interrogation-law-constitution-survival

It would verge on malpractice for an attorney to tell a client to talk to LE.


And I do agree 100% with Gitana. Having been in a traumatic situation involving my child, there is no thought of anything other than that child. Nothing else matters. You don't eat, you don't sleep, there is no world other than your child. An attorney would never enter your mind.

An innocent parent who loves their child would spend the money on a PI, not an attorney.

Sent from my SM-G930V using Tapatalk

In the situation you mention, were you under suspicion by LE?

Would you really not think about hiring an attorney if your child was missing, and instead of investigating actual suspects or clues, LE began investigating YOU?

A competent attorney in the kind of situation being discussed would be a middleman, so to speak. S/he would either be present when her client was speaking to LE, or would insist upon speaking for the client, to reply to all appropriate questions without involuntarily compromising her client's rights.
 
  • #1,093
:deadhorse:

Okay, so now that everyone has had their say on what they themselves would do if their spouse or child was abducted/missing and whether hiring an attorney is an indicator of guilt or a wise move in such a circumstance, let's move forward and leave this poor dead horse laying right here.

LOL. And, ok.
 
  • #1,094
The only attorney who would tell a client to submit to an interview or questioning by police is one that is incompetent.

This article has a good explanation of why an attorney would not want even a completely innocent client from talking to LE.

https://www.avvo.com/legal-guides/u...-with-law-enforcement-during-an-investigation

If you give the detective a statement that frees you from blame (an exculpatory statement), it cannot help you because at a trial the District Attorney will not introduce the statement as evidence because it does not help their case.

Further, your attorney cannot introduce it as evidence because the statement would be considered hearsay. Your exculpatory statement cannot be used "for" you. What you tell the police is only admissible against you at a trial.


And more...

https://criminal-defense-law-nyc.com/never-speak-police/

https://www.vice.com/amp/en_us/arti...olice-interrogation-law-constitution-survival

It would verge on malpractice for an attorney to tell a client to talk to LE.


And I do agree 100% with Gitana. Having been in a traumatic situation involving my child, there is no thought of anything other than that child. Nothing else matters. You don't eat, you don't sleep, there is no world other than your child. An attorney would never enter your mind.

An innocent parent who loves their child would spend the money on a PI, not an attorney.

Sent from my SM-G930V using Tapatalk
I like the part that you linked saying that the DA will not introduce an exculpatory statement as evidence because it does not help their case. Of course they wouldn't do that. That's the job of the defense attorney. LOL

I think that it's okay to talk to LE when a family member is missing and a good attorney may agree with it if they are present. The idea that a person should have no contact with LE in all scenarios is ridiculous to me.

Looks like we will have to agree to disagree on this. JMO
 
  • #1,095
I still find the kidnap/held hostage scenario impossible to believe because if it were true, I really think they'd be caught by now because Sherri WOULD be able to "recall" what happened and give them clues. What could possibly be a reason she wouldn't tell all she knows if the story were actually true? It makes no sense.
Do you believe that all kidnappings where the victim is recovered are solved because the victim can give the police "clues" that break the case?
 
  • #1,096
Do you believe that all kidnappings where the victim is recovered are solved because the victim can give the police "clues" that break the case?

I believe that all kidnap victims who are actually kidnapped tell LE everything they know. Whether or not it helps solve the case, I personally have not studied or researched this, but it makes a heck of a lot more sense to tell LE what they know than not to, IMO.
 
  • #1,097
I believe that all kidnap victims who are actually kidnapped tell LE everything they know. Whether or not it helps solve the case, I personally have not studied or researched this, but it makes a heck of a lot more sense to tell LE what they know than not to, IMO.

LE said this about Denise Huskins who was kidnapped in 2015.

In a written statement filed in court documents, retired police Capt. James O’Connell said the kidnapping “instilled great fear within the Vallejo community.” When Huskins reemerged wearing sunglasses and carrying luggage, she “did not act like a kidnapping victim” and wasn’t cooperating with police, so they were unable to determine whether she was abducted, he said.

LE felt that Denise Huskins didn't tell them everything she knew. They felt she fabricated the whole thing.

They were wrong.

http://www.latimes.com/local/lanow/...-hoax-denise-huskins-20160801-snap-story.html
 
  • #1,098
  • #1,099
Was she still not cooperating a year later?

Is Sherri Papini not cooperating with law enforcement? I haven't read reports saying that.
 
  • #1,100
Is Sherri Papini not cooperating with law enforcement? I haven't read reports saying that.

I guess it's a matter of perception. I believe she is saying she "doesn't remember" because she's faking some if not all of the "kidnapping." I call that a lack of cooperation. You might not.
 
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