Manny L. was charged with criminal negligence causing death in a tragic hit-and-run collision involving a child out for Hallowe’en. Police used detailed forensic techniques to track down the client and match his after-market paint job to evidence collected from the scene. However, they compromised the fruits of all of their hard work and cutting-edge investigative techniques by using old-fashioned and discredited interrogation techniques in coercing a confession out of him. The evidence was excluded after the client was denied food and a bathroom break, and deprived of his rights to counsel, during a lengthy interrogation which was not videotaped. The court had serious concerns about the credibility of the police witnesses. The trial judge found that the confession was involuntary and stayed the proceedings as an abuse of process under s. 7 of the Charter of Rights.Back
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