Fifth Amendment
People v. Keys, No. 130110, 4th Dist.
This case presents question as to whether police violated defendant’s Fifth Amendment right to remain silent when during interrogation police continued to ask defendant questions after he stated there “ain’t nothing further for us to talk about.” Appellate Court found no violation, where defendant’s statement was not “clear and unequivocal” invocation of his right to silence, because police could have construed statement as only acknowledgment that police had sufficient evidence and required nothing further from him. Defendant also submits that his multiple convictions on charge of concealment of homicidal death and dismembering of body are improper since his actions pertained to same homicidal death and he dismembered same human body; and (2) trial court improperly admitted videotape of defendant’s police interrogation, where said videotape included police statements of their belief in defendant’s guilt and statements that defendant had confessed to crime to others. Appellate Court, though, found that multiple convictions on concealment/dismembering offenses were proper as each conviction was based on discrete act, and admission of videotape was proper, because it was “useful” in showing that defendant was unaffected by police tactics during interrogation, and that there were flaws in defendant’s denials.