DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> Who Killed Theresa?

Monday, January 10, 2005

Judge rules to suppress all statements made by Dalzell

Judge Barber ruled today that the confessions made by Andrew Dalzell to the murder of Deborah Key were unlawfully obtained by Carrboro police, that these statements were induced from Dalzell by "hope and fear" under the illusion that he was going to die, and that police engaged in "extreme deviation" from the law.

Ok, yes, I believe the police went to extremes in the arrest of Dalzell. But I think the Judge overreached when he implied that police conduct was akin to prison abuses at Abu Ghraib. Depriving a suspect of food and water for five hours is not torture. Nor do I believe, as Barber implied, that Detective Lau's 7 year history with Dalzell constituted an "obsession" with the suspect.

What would you have Lau do? If he weren't diligent and attentive to the case we would accuse the Carrboro police of being overpaid donut-eaters.

In his ruling, Judge Barber cited and complimented the work of our founding fathers for freeing us from the "European inquisitory process" of justice.

Maybe. But in the case of Mr. Dalzell, the rights of the individual are being put ahead of the rights of society. That may be the American way, but given that Dalzell has confessed to being a murderer, I'm not so sure I wouldn't prefer the European system at this very moment.

The evidence will now go to appeal

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