Wednesday, June 16, 2010

Read Cases About Perverts

NOTE - there are things in here that might be are disturbing.  Read at your own risk.

Most casual followers know that the basis of our legal education involves reading court decisions.  Often, however, we just read the legal part of these opinions.  But the judges don't just write the law. They also often go into extreme detail about the actual facts of the case.  And even more than the opinions, the briefs written by the attorneys arguing for specific outcomes go into even more details on the facts. 

And every now and then we get a particularly good disgusting case.

Maryland v. Shatzer is one such case.

This was referenced in our criminal procedure lecture today for its holding that if you request an attorney, interrogation must cease for only 14 days.  After that, the cops can have back at you (as long as you were released in the meanwhile). 

The background on Shatzer:
Michael Shatzer, pictured here holding his recently acquired masonry certificate (from his profile on "Friends Beyond the Wall") was in jail for a child-sexual-abuse offense.  While in jail, his own son accused him of sexual molestation.  His son, however, was only three years old, Shatzer lawyered up, and they couldn't press charges.


Two-and-a-half years later the son came back with a more articulate story.  This time when the police came to interrogate Shatzer in jail he did not ask for an attorney, and in fact confessed.


Shatzer moved to exclude his confession because he requested an attorney - two-and-a-half years earlier.  As noted above, the Court held that this was insufficient.  If you request an attorney the cops only have to leave you alone for two weeks - not two years. 


So what are the colorful facts?  This is how the detective described Shatzer's son's allegation:
Detective Blackenship interviewed Shatzer's son, who described an incident in which his father "pulled his pants down, exposed his penis, apparently put milk on his penis and told [the child] to lick his worm, or suck his worm, or something to that effect."
Brief for Petitioner, at 3.

For those who are concerned, this guy will be in jail for a while.

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