All right, you know, because we’re here in the states now,
before you can – I can talk to you about this, I have to tell
you, about your rights. You have the right to remain silent;
anything you say can be used against you; you have the
right to an attorney; if you can’t afford one, one will be
appointed for you at no charge. All right?
RECUSAL: The prosecution wants the Judge in Boston in the Aaron Hernandez murder prosecution to recuse herself because, get this, the prosecutor and the judge squabbled in a prior murder case in 2010 (a case the prosecutor won no less!). The ESPN article is here. If that was the standard, half the lawyers in the REGJB wouldn't have any judges to try cases in front of.
We say- go put on your trial suit, shake off the judge wagging her finger at you and go try your case cry baby.
The Miranda warning was....BAD- necessitating a new trial in the ill fated State v. Omar Loureiro case, which is now set for a third re-trial. If you want to know the prior problems, just google "Judge Ana Gardiner" for a good read.
In this iteration, the conviction was reversed based on the admission of the challenged confession because:
As can be gleaned from the language of Miranda, the point of the third warning is to advise the suspect of his or her right to “the presence of an attorney.” It is clear from the warnings given to Loureiro before his second confession that h e was advised “you have the right to an attorney,” but he was told nothing about his right to the presence of an attorney before or during questioning.
One problem that we see, as the opinion points out:
The State conceded in closing argument that the only evidence directly linking Loureiro to J.L.’s death was his confession to law enforcement.
See You In Court.