A key moment in determining whether Danny Rodriguez’s confession to electroshocking Mike Fanone is admissible.
Right before the FBI agent brought up HuffPost, Antifa, and BLM, his lawyers argued he "unambiguously and unequivocally invoked his right to remain silent."
In a filing last night, Danny Rodriguez’s federal public defenders argued that with "a simple ‘no,' Mr. Rodriguez specifically and clearly informed the agents he '[did not] want to' answer questions related to the alleged assault on Officer Fanone.” storage.courtlistener.com/recap/gov.usco…
But watch for yourself. Danny Rodriguez shakes his head no, but then the FBI special agent chimes in.
“I’ll tell you what, everybody else is going to talk about that,” he says.
Danny Rodriguez quickly admits he’s “very ashamed.”
Rodriguez’s lawyers: “Mr. Rodriguez unambiguously and unequivocally invoked his right to silence as to any questions related to the alleged assault through a verbal response to Agent Armenta’s question.”
Danny Rodriguez’s lawyers: “Because agents ignored Mr. Rodriguez’s invocation and continued questioning him, all statements related to and addressing the alleged assault must be suppressed.”
On second look I’m not even sure we really get a clear head shake. Tough to argue it’s an unambiguous and unequivocal invocation of the right to remain silent when there’s crosstalk. Six seconds later, he says he’s “ashamed.”
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