Ryan was clearly asking the cops if he needed to be talking to a lawyer. It was a question!

Aside from that, I’m 53 years old. I grew up being taught to cooperate with police and to tell the truth…that the truth would set me free. From EVERTYTHING Ryan has said in that video it’s clear to me he was cooperating with police in every conceivable way and telling the truth. It’s also crystal clear to me that the police took every possible advantage of Ryan’s willingness to cooperate.

We all know that had an attorney been in that room that tape would NOT exist!

Well, Ms. Dougherty sure has a lot to say about Ryan Frederick’s weight gain…It seems to me that sitting in a cell hour after hour, day after day, for well over a year could very well have something to do with that…. And of course the Honey Buns and Doughnuts that he buys with HIS money…NOT the taxpayers… As for Ryan (the skinny guy) when he was first arrested… he was a soda delivery man which kept him moving loading and unloading cases of soda… GREAT EXERCISE!!!! Bet it really helps a person lose weight..Now IF Ryan was the GREAT BIG POT DEALER /smoker he is made out to be, he should have weighed much more than 120 pounds when he was arrested… After all pot heads are supposed to have the munchies and will eat anything in sight…right? Ms. Dougherty should leave Ryan’s weight out of this..this entire fiasco came about BECAUSE some RAMBO COPS decided to believe some LYING CONVICTS that wanted revenge against a man who had NEVER been in trouble with the law in his life..Ms. Dougherty’s article doesn’t surprise me at all because (If I am not mistaken) she is married to either a Prosecutor, Lawyer, Judge, or someone else connected to the courts…So it is NO surprise that she would think the way she does in regards to Ryan.

FREE RYAN FREDERICK!!! HE IS NOT GUILTY!!!!

The CPD Are the GUILTY ones!!!!!

You were born with 5th amendment rights, so not talking is your right at the start. You never have to say anything to the cops, and you can request a lawyer right from the start also. If the cops ever call you and say something like “We would like for you to come to the station, and answer a few questions for us.”
Tell them “I’ll will call my lawyer, and come talk with him present if he so deems.”

In fact the National Motorist Association has a card you can print out on this very subject.

http://www.motorists.org/blog/roadblock-rights-card/

What I’d like to know is this. If the cops start to question you, can you demand to have a lawyer present even if they haven’t arrested you? They’re clearly capable of trying to pin a crime on you without you’re ever having committed one. Talking might, of course, eliminate that possibility, but sometimes it might make it more likely. Can you, by not talking, be charged with being uncooperative or obstructing justice or some such thing?

If you listen to the video, it sounds like Ryan says something like “…I’m gonna need to be talking to a lawyer.” The detective’s response just plays along with that future tense, i.e. “at some point you will.”

The interview didn’t stop because the police are trained to know how far they can push it. Once a suspect in custody has been Mirandized and then starts talking anyway, he’s deemed to have waived the right to remain silent, the right to counsel during the interrogation, etc. After that waiver, in order for the interrogation to be legally required to be stopped, the suspect has to state clearly and unequivocally that he wants to talk to a lawyer. This is the standard of appellate courts who review such interrogations for constitutional violations.

In that setting, words like Ryan’s won’t do the trick. If he was really trying to end the interview, he needed to say something like “I don’t want to talk to you anymore without a lawyer” or “I want a lawyer right now,” and stayed silent thereafter.

On the bright side, Kerry’s physical appearance is now totally fair game forever. O:-)

I have that same problem over there. Plus they remove about 1 out of 10 of my comments. Apparently… i have an “attitude problem”. (lol)

And I’m sure they could have, had the prosecution not been lying sleaze balls. Had the detectives not acted improperly to get a warrant. But they’re not on trial here, are they? The court system hinges on two basic principles…

First: That the prosecution is morally upright and will not lie under oath. they’re required to do this because people are assumed innocent until proven guilty.

Second: That the defense is the only side that can ‘game’ the system. They’re allowed to do this because people are assumed innocent until proven guilty.

“…no officer’s life is worth any amount of the shit.”

Perhaps Detective Shivers should have thought of that before executing an unnecessary high risk raid against a guy with a couple of joints, huh?

My take is different:

“… no civilian’s life is worth advancing an officer’s career”

The picture you paint is pretty clear. Seems the defense should have easily gotten the charge thrown out. They did not. It was determined prima facie evidence existed under current law. Therein lies the rub, you don’t agree with the law, so you ‘ll never accept any action based on it. I hope one day marijuana is legalized, no officer’s life is worth any amount of the shit. The law needs to change, until it does, the senseless war goes on and cops, enforcing the will of politicians and the majority of citizens, will continue to take the heat for it when things go wrong.

I posted this comment, in response to Ms. Dougherty’s article about Mr. Frederick’s weight gain;

“Ms. Dougherty –

It never ceases to amaze me that you have a job. As usual, confirmation of your bias and ignorance increases with your every keystroke. Have you troubled to research the side effects of Xanax, the anti-anxiety prescription drug that Mr. Frederick takes, under the direction of a licensed physician?

Agitation, changes (increase) in appetite, WEIGHT GAIN, nausea and vomiting, hyperactivity, nervousness, and restlessness, to name a few…

It’s conceivable that the “expert” who prescribed this medication, is the real culprit…

One other thing – when Mr. Willett asked Professor Cooke about cessation of coke and meth use (btw – those substances were NOT specified), his response was that weight LOSS was more likely, short term, and return to pre-use weight was more likely, long term. I know, because I was there, taking notes – you weren’t…

I hear that 7-11 is hiring…”

My comment was, as usual, appended with, “This comment is awaiting staff approval,” and if they allow it at all, it will be sometime tomorrow, when it will be ancient history, and no one will see it.

(I may have tinkled in (the editor) Mr. Schecker’s Maypo, a time or two…)

It occurs to me to wonder where the fuck these assholes get off, suggesting to me that although their First Amendment rights (freedom of the press) are sacrosanct, THEY are in a position, and enjoy the authority to approve, disapprove and deny MY First Amendment rights (freedom of speech).

No one pulled on their short hair, to compel them to provide this public forum for readers to comment – they did that on their own (to increase readership, interest and revenue, for their rag).

Political Correctness has never been a requirement, under the Constitution, and from where I sit, those who are “PC” are also “PD” “PE” and “PF” – Pretty Dishonest, Pretty Exasperating and Pretty Foolish – eventually, the truth always comes out…

First of all, it looks like Ryan Frederick helped, rather than hurt himself by talking to the police without a lawyer present. I agree with you that you are generally better off not talking, but (perhaps ironically) this is one of those rare cases where talking to the police with no lawyer was the best thing he could have done at the time.

Second, it doesn’t matter if he invoked a lawyer halfway through the interrogation — there is nothing harmful to exclude.

I have taught him that if he ever gets pulled over, to place BOTH hands on the steering wheel in view of the officer, to be polite and do follow the officers instructions.

I also taught him the GOLDEN RULE of police questioning and that is to REMAIN SILENT except to ask for an ATTORNEY regardless of anything they say.

My son’s goal is to go into law enforcement (no influence from his sperm donor of course) and to someday move up to a federal agency.

He is WELL aware of the under-handed tactics police use and is determined to change that even if it’s only in his small way.

It surprises me that of all the CRIME shows on T.V. that people still do stupid crap like resist arrest, TALK to the COPS even after being Mirandized…etc.

GEESH, people learn everything ELSE be watching the boob-tube, when are they going to get a CLUE and do something that would BEHOOVE themselves?

By the way, the 17 y/o threatened to KILL my young son ‘to get him out of the way’ yet my EX married her and SHE is a COP now too! Ain’t that sweet?

My ex couldn’t grab his ass cheeks if Crazy Glue were on both hands….guess it wasn’t his ass he was grabbing…lol.

Knowing BOTH of them like I do…well I am surprised they are smart enough to turn the key in the ignition on their police cruiser, let alone interrogate someone appropriately.

With unscrupulous people like this wearing BADGES, people like Ryan and Cory Maye didn’t stand a chance from the git-go.

WTF are you talking about? Are you at all familiar with the case, the media coverage, the synopsis on TidewaterLiberty? There was PC to be there, the warrant is deemed valid, RF admitted to growing and giving marijuana to his friends. Not on those tapes of course, that was a year ago, but on the stand last week he did. Det. Winklespecht was there at the scene, behind Det. Shivers. Inform youself before you post.”

Dude. Growing small quantities of Mary Jane is … misdemeanor shit at best. Hardly warranting a Knock and Announce style raid.

Instead, they would have you believe they were investigating a dealer who was growing large quantities of weed for sale. And yet… could produce not even a single shred of evidence to that effect.

There was simply NO probable cause that should have resulted in a raid of any kind. Perhaps a visit by Officer Friendly, to politely ask him to come answer some questions… but not a raid.

THEREIN LIES THE RUB. “the warrant is deemed valid”… A warrant SO LACKING in the basics. A warrant based on the unverified word of a known criminal.

What part of “Violation of rights” isn’t clear?

But the hypothetical unarmed person who is just going to, i assume, ask very nicely for your money is much more plausible.

Is there a transcript of the second interview? I can’t make it out worth a damn on my lousy speakers.

http://hamptonroads.com/2009/02/sure-let’s-treat-prisoners-decently-honey-buns

WTF are you talking about? Are you at all familiar with the case, the media coverage, the synopsis on TidewaterLiberty? There was PC to be there, the warrant is deemed valid, RF admitted to growing and giving marijuana to his friends. Not on those tapes of course, that was a year ago, but on the stand last week he did. Det. Winklespecht was there at the scene, behind Det. Shivers. Inform youself before you post.