Liability for disclosing details about a case.

[Taxing Matters]

I am doing the interview because this was my case and it is an extreme miscarriage of justice. A sexual predator who was convicted and sentenced to life is going to walk free based on a prosecutorial clerical error. As for the confession, the judge erred on the side of caution because there was what he called an "insinuation of leniency" made during interrogation. I never planned on releasing any details about the confession but it should all be open record now that the case is finished completely. Thanks for the reply.

You ought to ask a local attorney for advice on that. Chances are that disclosing the contents of that interview will not violate any state law (I'm not seeing anything that would make it illegal in a quick search, but my search was not as thorough as it would be if I were researching for client) but it even if not illegal it might violate some department policy and that might have some impact on you if that is the case. Unless the court actually sealed the confession or issued a gag order in the case that is still in effect (both of which would be unusual) the disclosure would not be prohibited merely because the court held the confession inadmissible.

 

[cochraty]

Thanks all, I finally got a hold of an attorney. Just FYI, Its all good.

 

[cochraty]

You ought to ask a local attorney for advice on that. Chances are that disclosing the contents of that interview will not violate any state law (I'm not seeing anything that would make it illegal in a quick search, but my search was not as thorough as it would be if I were researching for client) but it even if not illegal it might violate some department policy and that might have some impact on you if that is the case. Unless the court actually sealed the confession or issued a gag order in the case that is still in effect (both of which would be unusual) the disclosure would not be prohibited merely because the court held the confession inadmissible.

Thanks for that info! I am no longer in law enforcement, no gag order or any of that was present. Appreciate the research! I finally got ahold of a local attorney.

 

[quincy]

Thanks all, I finally got a hold of an attorney. Just FYI, Its all good.

I am glad you have an attorney in your area advising you.

I agree with Zigner that you risk a defamation suit by speaking out about the defendant. Be sure to ask your attorney about this.

Good luck.

 

[LdiJ]

I am doing the interview because this was my case and it is an extreme miscarriage of justice. A sexual predator who was convicted and sentenced to life is going to walk free based on a prosecutorial clerical error. As for the confession, the judge erred on the side of caution because there was what he called an "insinuation of leniency" made during interrogation. I never planned on releasing any details about the confession but it should all be open record now that the case is finished completely. Thanks for the reply.

I think that you are making a mistake and echo zig's advice that you need to consult an attorney before the interview. You want to convict this guy in the realm of public opinion because you believe that the justice system failed. That can be considered to be the essence of defamation.

 

[quincy]

I think that you are making a mistake and echo zig's advice that you need to consult an attorney before the interview. You want to convict this guy in the realm of public opinion because you believe that the justice system failed. That can be considered to be the essence of defamation.

Well, the essence of defamation is the publication of FALSE statements that injure a reputation.

The publication of a confession by the former defendant (if recorded properly and not coerced) would be true not false.

The problem comes with the fact that the former defendant was not convicted of the charge(s) and the confession was not admissible (for reasons that must be determined) - which is why an attorney in cochraty's area should review the matter.