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Article Excerpt
Last October, the Supreme Court granted certiorari in Montejo v. Louisiana. (1) The case involves a defendant convicted of murder in Louisiana and presents the Court with the question of whether police can interrogate a defendant, post-arraignment, when the defendant has counsel but has never said that he or she wants counsel. Confused? Read on.
Jessie Jay Montejo was taken in for questioning by the Gretna, Louisiana, police because his distinctive blue van matched one seen at the scene of a murder. When Montejo allegedly asked for an attorney, the Gretna detectives told him they "wouldn't really recommend that." (2)
[ILLUSTRATION OMITTED]
He was then transferred to the St. Tammany Parish sheriff's office where he was read the Miranda warnings and questioned from 4:30 p.m. to 11 p.m. After several more hours in jail, Montejo was taken to a different St. Tammany Parish sheriff's office where he was interrogated for an additional hour very early the next morning. The police videotaped portions of these interrogations.
After initially discussing the case with the police, Montejo stated, on videotape, "I would like to answer no more questions unless I am in front of a lawyer." (3) At this point, Detective Willis Wade Major told Montejo that he was under arrest for first-degree murder and turned toward the door of the cell. When the defendant said, "Now, I know you aren't that bad a people and all," the detective interrupted him.
Detective Major: "Dude, you don't want to talk to us no more, you want a lawyer, right? I trusted you and you let me down."
Montejo: "No, come here, come here."
Detective Major: "No, no, I can't."
Montejo: "No, come here ..."
Detective Major: "No, you've asked for an attorney, and you are getting your charge. And the shame of it is ..."
Montejo: "I don't want no attorney." (4)
At this point, the videotape stops. The tape resumes 10...
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