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Erik Wallin, Republican Candidate for Attorney General, Calls Upon Governor to Veto Legislation Protecting Criminals and Putting Rhode Islanders in Danger

November 04, 2009 | erikforag.com | Erik Wallin

Erik Wallin, Republican Candidate for Attorney General, today voiced outrage over a bill passed by the General Assembly, H-5134 SubA, and called upon Governor Carcieri to veto it.  Noting that the House Judiciary Committee held it for further study in April, but suddenly passed it on October 27th with the House and Senate following suit two days later, Wallin said, "This bill, passed in an irresponsible and rushed session of the General Assembly, puts Rhode Islanders in unnecessary danger for the benefit of the most dangerous criminals, and I call upon the Governor to veto it."   

H-5134 SubA "An Act Relating to Criminal Procedure -- Arrest" requires electronic recording of all custodial interrogations in their entirety in cases where the potential penalty is up to life in prison.  The legislation makes a statement or confession by an accused, inadmissible at trial, unless it has been electronically recorded.  This would be true, even, if the statement was given freely, without coercion, and in compliance with all other legal requirements including those related to Miranda Warnings.  "This bill does nothing other than keep competent and reliable evidence from a judge or jury, while creating a loophole through which murderers, rapists and child molesters can escape punishment and strike again," Wallin criticized. 

Wallin noted that existing Federal and State Law provides defendants ample protections safeguarding the admission of an illegally obtained statement or confession.  As a former Special Assistant Attorney General and Air Force JAG, Wallin stated, "From experience, nothing frustrates a jury, or the public, more than when a guilty person is set free because of a technicality.  It is even more frustrating when the technicality contributes nothing in terms of improving the quality of the justice system.  This bill is merely that, a needless technical loophole."  

"Adding additional procedural hurdles in the prosecution of those charged with the most heinous of crimes will do little to protect the innocent but greatly increase the possibility that a murderer, rapist or molester goes free," Wallin said.  "Putting law enforcement in the position of receiving a freely provided admission, but then having to ask the criminal to repeat it later on so that it is recorded, is a ludicrous example of the consequence of this ill-conceived bill."



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