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Miranda Rights Technicality

Miranda Rights Technicality - A Contra Costa County judge said Tuesday that detectives violated the rights of one of the seven defendants in the October 2009 gang rape of a 16-year-old girl at Richmond High School and that he would not consider anything said in the interview.
Judge Gregory Caskey said that Richmond police Sgt. Lori Curran appears to have violated Cody Smith's Miranda rights during a police interview the Monday after the alleged attack.

Caskey also said that after watching the tape of Smith's three-hour interview, it is his opinion that it was more of an interrogation than a witness interview.

Curran testified earlier Tuesday that she picked Smith up at school Oct. 26 and brought him to the police station, where she interviewed him.

Curran testified that at one point in the interview when Smith asked if he could go home she told him no.

Miranda Rights Technicality

When he tried to invoke his right to remain silent, Curran continued to interview him, Caskey said.

"He invoked his right to remain silent and she deliberately chose to proceed," Caskey said.
The statements Smith did make during the interview were vague and inconsistent, Caskey added.
Smith's attorney David Headley said he believed the judge made the right decision by excluding the interview and that it was his belief that Smith did not engage in any sexual or violent behavior that night.

Curran was the 20th and final witness called by the prosecution in the preliminary hearing in the case, which began Nov. 15.

Miranda Rights Technicality


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