What is the effect of a conversation between police officers and a defendant during questioning about a murder investigation?

California, United States of America


The following excerpt is from People v. Graham, G037997 (Cal. App. 1/30/2009), G037997. (Cal. App. 2009):

The trial court found this case analogous to People v. Musselwhite (1998) 17 Cal.4th 1216. There, during questioning about the defendant's presence in an apartment complex where a murder occurred, the officers told him "`we're talking deadly serious stuff here partner. We're through . . . bantering around. We're going to have to get down to the facts. Okay. The fact of the matter is, you're going to have to think very clearly right now. You got to think what's best for me. Am I in a bind or what. Now what do these guys know and what don't they know. If they got enough to do me, what's my best thing to do. What's best for me.'" (Id. at p. 1239.) In response, defendant said, "`I don't want to talk about this. You all are getting me confused. . . . I don't even know what you're all talking about. You're . . . making me nervous . . . .'" (Ibid.)

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