Sunday, July 3, 2016

Denial of rights to council, basic Miranda rights, rights to an attorney denied.



Providing a Voluntary DNA sample


Police detectives and prosecutors have insinuated that I refused to provide a voluntary DNA sample, and that my failure to do so implied guilt. This is a terrible misrepresentation of what really occurred.

In July of 2000, Florida detectives travelled to Easton, Maryland where I was living. A Maryland detective called my home one morning asking me to come to the police station for questioning concerning an assault. I agreed to come.  

At the police station 2 officers identified themselves as Maryland detectives and lied to me stating the Police Captains’ son had been assaulted in my neighborhood and that I fit the description of the assailant. They then asked me to provide a voluntary DNA sample.

I agreed to give the sample. However because I was being accused of committing a felony assault which I knew I had not done-and suspected never happened- I asked the detectives to allow me to call my attorney to be present for the collection. A detective actually said that they could not allow calling my lawyer! The officers then began acting strangely and tried repeatedly to trick me into leaving DNA behind.

First a detective took me to a parking garage to smoke. While smoking I noticed the officer was staring at my cigarette and acting nervous. I realized he had hoped to collect the butt so I put the cigarette out and placed the butt behind my ear. The detective turned visibly red and I started to feel threatened by their actions.

Next the second detective gave me a bottle of water. I didn’t realize their intent until I moved to open the bottle and both investigators zeroed in on it. I did not open the bottle because of how strange the police were acting. I was very confused as to why they would act like this so I requested my lawyer again and wasn’t allowed to call him AGAIN!

Finally detectives asked me to sign several forms and seal them in envelopes. I signed each form but wrote on the bottom of each, “I do not refuse, just want my lawyer present.” This form can be downloaded below. I put the form in the envelopes but did not seal them. One of the officers encouraged me to lick them and I told them that it was the 3rd time he tried to get my lips on something and he could seal them himself. I then told them that unless I could call my attorney, I was leaving and I left. 



As you can see, I never refused to give a DNA sample. I wanted to give my DNA. I had nothing to hide. All I wanted was a lawyer! Once the police began their tricks that were so blatantly obviously through their facial expressions and their physical demeanor, I had no intention of providing my DNA without a lawyer.

The detectives actions were so illegal that the trial Judge suppressed this evidence and the Jury never heard about the bizarre encounter.

Rather than question why I didn’t fall for police trickery; people should have asked why the police refused to let me have an attorney present after lying to me about a fictitious crime. Why not just tell me I was a suspect in Parker's murder? And then request a DNA sample? The only logical explanation is that Detective Billy Carlyle was up to no good.

It is unfortunate that Dateline failed to thoroughly investigate this encounter and aired such a distorted perspective of what truly happened.

***Next post; Detective Billy Carlyle