In both civil and criminal cases we are regularly reminding potential clients of the dangers of giving statements with out understanding the law and the importance of certain questions. How a cavalier or I’ve got nothing to hide attitude can be a gift to a skilled and at times manipulative questioner. When the other side understands the nuance of the law they can use the most innocent of answers against you later.
Michael Carbo, Jr., was found guilty on two counts of Murder in the First Degree While Committing First Degree Criminal Sexual Conduct for a murder that happened in 1986 for the second time in Virginia , Minnesota. The police matched DNA evidence to Carbo after they met with him in 2020. He voluntarily gave them a statement and a blood sample.
When he testified at trial he explained:
he didn’t know he was a suspect when investigators knocked on his door in 2020. He went along with their questions and submitted DNA samples because he “had nothing to hide,” he said.
A alternative defense was set up using the statement of Brian Evenson where what he called a casual tape recorder conversation with the Chief of Police in 1998 casually had him suggesting that he might have woken up and driven over there , killed her , then went back to bed. It was the denial of including this statement by the trial court that overturned Carbos first conviction.
Both perfect example of people that might have benefited from a free consultation with an experienced Attorney. Not to lie, but to understand the affect of self incrimination. Now a warrant still would have gotten the blood, but the extra statement couldn’t have helped.
We routinely say on the radio ” don’t sign anything with out talking to us” the same could be said of “saying anything” , especially if its recorded.
We will answer your questions, conduct a thorough investigation into your case, and help you determine the most strategic way to proceed. Call 320-259-5414 or fill out our Contact Form to schedule a free consultation.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.
