Justices say a police detective erred by prompting murder suspect to further talk after he asked for a lawyer during initial questioning.
An appellate court has reversed the murder conviction of an Anaheim man who was prompted to talk by a police detective after he invoked his right to an attorney.
“After invoking the right to counsel, police cannot question the suspect any further ‘unless the accused himself initiates further communication, exchanges, or conversations with the police,’ ” said the ruling by appellate Justices Eileen C. Moore, Kathleen E. O’Leary and William W. Bedsworth. Anaheim police spokesman Sgt. Shane Carringer responded, “We disagree with the conclusion reached but respect the court’s ruling.”
Avalos, then 18, and co-defendant George Galvan approached Rivera and allegedly fired a total of four shots, according to the ruling.
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