Basics 15 : In Police Hands

I couldn’t watch NBC’s “The Thing About Pam.”  I couldn’t believe the police would be that stupid, that a prosecutor and judge could be that corrupt, not for money, but for career promotion.

Police arrive at your home in response to a phone call.  

Summary:  Pam Hupp kills Elizabeth Faria for her insurance money and frames her husband, Russell.  The lazy detectives op-out for the suspect with the highest likelihood, the husband, and ignore exculpable evidence by concocting fantasy conspiracies out of vapor.  The prosecutor?  Was she driven by a book deal that only she fantasized about?  The judge, the high school buddy of prosecutor Leah Askey, had her back during the trial and guaranteed the conviction before the trial started.

Surely this was a fantasy program written just for television!  The lazy cops never check the validity of the evidence, just accepted Pam Hupp’s meandering and conflicting tales.

Russell Faria didn’t do himself any favors.  He attempted to work with the police to help them find his wife’s killer without realizing he was the only suspect they would consider.  He never asked for a lawyer. 

All of this occurred in a culture where cop/criminal/lawyer stories are considered suitable entertainment for adults and children.  Finally, lawyer Joel Schwartz was able to get a retrial in front of an unbiased judge and got Russell released from prison.

So what does that have to do with you?

Just a reminder, you can’t control the actions of the police, what the prosecutor thinks, or the judge’s bias.  You can always ask for a lawyer before talking with the police.  If you are unable to walk away, you are under arrest.  If they insist you must immediately come to the station to make a statement, you are under arrest.  In the case of self-defense, you may want to point out the criminal’s weapon, eye or earwitness, but it would not be out of the question to demand a lawyer before you answer any questions or make a statement.

I can’t believe the police and judicial system, as shown in “The Thing About Pam,” is an accurate description of law enforcement across America.  I believe it was a case of everyone being in over their heads and making such an emotional commitment to their decisions that they could not change. 

But it can happen and will happen.  If you were somehow connected to a crime, make sure you bring in a lawyer as soon as possible.  Ask for a lawyer before you answer any questions.