Talking to the press

[NeilTheCop]

What is the name of your state (only U.S. law)? New Mexico

If I release the details of my case to an investigative reporter, will it in anyway harm my case when I go to court?

 

[Zigner]

What is the name of your state (only U.S. law)? New Mexico

If I release the details of my case to an investigative reporter, will it in anyway harm my case when I go to court?

There is no way we could even begin to consider thinking about formulating a wild guess.

 

[quincy]

There is no way we could even begin to consider thinking about formulating a wild guess.

That is wrong, Zigner. I am beginning to consider thinking about formulating a wild guess right this very minute.

 

[Zigner]

That is wrong, Zigner. I am beginning to consider thinking about formulating a wild guess right this very minute.

You've always been a loose cannon.

 

[Paul84]

What is the name of your state (only U.S. law)? New Mexico

If I release the details of my case to an investigative reporter, will it in anyway harm my case when I go to court?

http://abovethelaw.com/2015/11/litigating-high-profile-cases-thoughts-from-the-bench-and-bar/

 

[LdiJ]

What is the name of your state (only U.S. law)? New Mexico

If I release the details of my case to an investigative reporter, will it in anyway harm my case when I go to court?

If you have to ask that question, then it means that you really need to consult an attorney before you proceed. The devil is in the details and only a retained or consulted attorney, who can provide confidentiality, is a person that you can safely use for advice.

 

[quincy]

http://abovethelaw.com/2015/11/litigating-high-profile-cases-thoughts-from-the-bench-and-bar/

David Lat provided nice coverage of the panel discussion.

As noted, very few court cases will be of enough interest to the reading public for the press to want to cover them in any depth. And, with a select few (generally high-profile) cases, press coverage may be limited by the judge and participants can be barred from speaking with the press.

One of the very early high-profile cases that I remember learning about was the Dr. Jeffrey MacDonald case. You can search for details to see how press coverage caused complications in an already complicated murder case.

But facts always matter, which is why there is reluctance to address the question posed by NeilTheCop. He has provided no facts upon which to base anywhere near an adequate answer. Revealing details of his case to an investigative reporter will either not matter at all or it could matter a great deal. If he has concern about harming his case if he speaks to a reporter, he should probably speak to an attorney in his area first so he doesn't risk compromising his case.

 

[TigerD]

By all means the police officer should talk to an attorney. Either the prosecuting attorney or the local public defender.

Kidding aside - a police department should have a designated public relations officer. Media inquires should be directed through that officer or the administration. When I was a reporter, I frequently went around the PAO and went directly to the investigator too. But really, I didn't care if my story corrupted your investigation - that just led to more stories. And I didn't worry about the fall out at trial. I worried about getting the story first.

Now, I am a bit more concerned about the tainting of the jury pool and protecting the rights of the accused. If the facts play out right, I could make a lot of hay from an officer working for the headlines instead of properly investigating crime.

TD

 

[NeilTheCop]

Despite the title I'm a former cop now, because of this lawsuit.
As for an attorney, I had one but he suddenly decided, after over a year, that he will no longer represent me. So due to general apathy of New Mexico attorneys, not replying to phone calls, e-mails etc. I'm being forced to pursue this case on a pro se basis.

 

[quincy]

Despite the title I'm a former cop now, because of this lawsuit.
As for an attorney, I had one but he suddenly decided, after over a year, that he will no longer represent me. So due to general apathy of New Mexico attorneys, not replying to phone calls, e-mails etc. I'm being forced to pursue this case on a pro se basis.

If you cannot find an attorney in New Mexico who shows interest in your case, even though the attorney would be paid for showing interest, I am afraid you are unlikely to find the media interested in your case either.

Are you the plaintiff in this civil action or are you the defendant?

 

[NeilTheCop]

The plaintive.

 

[NeilTheCop]

A brief overview.
I was assigned to the property room. As was normal practice I researched cases where we had a lot of property associated with the case taking up room. One of the cases from 2012 involved a very large amount of hydroponic equipment that was taken during a search warrant. Case was conclude, the accused had plead and was nearing the end of his jail term. I contacted the case agent and told him I would be destroying the equipment because it was classed as drug paraphernalia and had been used to grow marijuana. Case agent told me to return all of it to the family of the accused. I said no, because that would be an illegal act. He got pissed. My immediate supervisor told me to get rid of it. Wrote a destruction order, had it checked an approved by the city attorney, got it signed by a District Court judge and had it destroyed.
The case agent made a formal complaint against me.
Had an interview with the internal affairs officer. This was very brief as the case agent making the complaint and the internal affairs officer were one in the same. They assigned a very good friend of the case agent to conduct the investigation, which was a foregone conclusion.
Demoted, 14 days without pay and put on the night shift. Then a definite effort to make my life difficult by the administration, so I quit.
Had a hearing with the Department of public safety, who are responsible for certification and LEO integrity. They exonerated me of any wrongdoing and confirmed that the case agent had given me an unlawful order.

This isn't the reason I was considering going to the press, it was about the information that was revealed at the hearing.

 

[Zigner]

I guess I'm trying to figure out what you're suing for. You resigned...voluntarily. You could have stayed on and pursued your claim to have the disciplinary action reversed, but you quit instead.

 

[NeilTheCop]

If you have never been a cop you won't understand.
I was sent on every high risk, shots fired, domestic disturbance, robbery in progress call. Sometimes driving past a parked patrol car literally around the corner from the call.
Anyway, the bottom line is I was demoted for not obeying an illegal order.

 

[Zigner]

If you have never been a cop you won't understand.
I was sent on every high risk, shots fired, domestic disturbance, robbery in progress call. Sometimes driving past a parked patrol car literally around the corner from the call.

Granted, I have never been a cop, but I have several friends and family members in the law enforcement profession. I have nothing but the utmost respect and admiration for the danger they are in at any moment of the day (on or off duty.) With that said...

Anyway, the bottom line is I was demoted for not obeying an illegal order.

You chose to resign instead of staying on and having your disciplinary action reversed. That's probably why you aren't able to find any attorneys who think you have a case.