What's Wrong With This Picture?

 Posted on April 14, 2010 in Uncategorized

From an offense report:

On this date investigator spoke to [prosecutor] and asked him if it was still okay to speak to the suspect at the county jail even if his attorney had faxed over a letter reminding investigators that he is representing the suspect and reminding investigators not to speak to the suspect without him being present. [Prosecutor] informed investigator that investigators could speak to the suspect unless the suspect himself asked for his attorney.

Violation of Texas Disciplinary Rule 3.09?:

The prosecutor in a criminal case shall... refrain from conducting or assisting in a custodial interrogation of an accused unless the prosecutor has made reasonable efforts to be assured that the accused has been advised of any right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel.

Of 4.02?:

in representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding that subject, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.

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