Saturday, October 07, 2006

Oxley Murder Trial

The trial of Wayne Oxley began in St. Lawrence County Court this week. Oxley is accused of beating another Ogdensburg man to death, and the case has been notable for a myriad of procedural issues. There have been numerous hearings related to the suppression of various materials and statements, which I will chronicle at some later point. (No in-depth links as the Watertown Daily Times is subscription only, but WWNY tv has provided some coverage.)

One part that concerns me, as an attorney, is the issue of whether or not Oxley had asked for a lawyer. Allegedly, according to the defendant, when he was being taken away by police, he yelled something to an onlooker, the husband of a local attorney, about calling the lawyer/wife. There was recently a hearing, calling the husband to the stand, on whether this was a request for a lawyer. When a person in police custody requests counsel, all questioning is supposed to stop until such time as the lawyer is present. When I update, I'll also try to find Judge Jerome Richards' decision on the issue. While I'm also in favor of broad Constitutional rights, I'm also not sure (exaggerating beyond recognition) that "Get me Matlock!" yelled into a crowd is sufficient to trigger these protections. As a lawyer, as well, I like to exercise some say in the cases and issues I become involved in. Even if there is no further involvement in the murder trial (as the lawyer/wife above is not representing anyone involved), her name is linked with this case.


Anonymous Anonymous said...

Please go on.

2:16 PM  

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