A New York, autistic man has been given a settlement of $340,000 after spending over a year in prison for a crime that he did not commit. Ozem Goldwire, 31, was interrogated by NYPD detectives for 21 hours without counsel, which led to the false confession. The NY Daily News reports, "warned that he wouldn't be released if he did not confess, Goldwire wrote a statement claiming he strangled his sister."
His New York lawyer fought to have him released from prison and to have the NYPD held responsible for this miscarriage of justice.
But the question is, was the law followed?
The Miranda rights state that all people must be told these four things before they are questioned:
1) You have the right to remain silent.
2) Anything you say can and will be used against you in a court of law.
3) You have the right to an attorney.
4) If you cannot afford an attorney, one will be appointed for you. (FindLaw)
If Goldwire had been told these things, then it would have been legal. He was told that he could have a lawyer and that he didn't have to talk to them, but he decided to continue talking to the NYPD detectives for 21 hours. There is no time limit on how long an interrogation can be.
This brings up a very gray area of the Miranda rights: when it comes to children, the mentally disabled, or the mentally unwell, how can we be sure that they understand their rights?
Goldwire was so confused that he thought the only way to leave was by confessing. His New York personal injury attorney was able to win the settlement because he confessed and went to jail when he was innocent.
The suit claims that there was no wrong doing by the officers, so where does the blame lie?
Recently, the Miranda rights have been under attack for not being specific enough. Some believe that they need to be rewritten so the suspect is aware that the attorney can be present during the interrogation. They also think that it is unclear whether the right to remain silent still applies if you have already answered certain questions.
If Goldwire did understand his rights, after so many hours, he may have stopped the interrogation by asking for a lawyer. If you were involved in a interrogation and you were not read you Miranda rights, or you did not understand them, you can contact a New York personal injury attorney. They may be able to represent you and help the Supreme Court with the wording for one of the most important legal statements.
- When are Miranda warnings required? (FindLaw)
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