Miranda Plaintiff Imprisoned for Murder

[Sun Baked]

Miranda Plaintiff Imprisoned for Murder

CHICAGO (AP) - The plaintiff in a key U.S. Supreme Court ruling on a suspect's right to a lawyer has been sentenced to 40 years in prison for the murder of a Korean shopkeeper.

A jury found Daniel Escobedo guilty in April of killing Ki Hwan Kim with an ice pick in 1983. On Wednesday, Cook County Judge Lon Schultz sentenced the 66-year-old to the maximum sentence allowed under sentencing guidelines in place at the time of the killing.

Escobedo first drew national attention in 1964 in connection with another murder case that ended up in the U.S. Supreme Court.

The court that year overturned Escobedo's conviction for the murder of his brother-in-law, ruling that police violated his constitutional rights by denying his repeated requests for a lawyer.

The landmark ruling was later expanded in the case Miranda vs. Arizona, which led to the requirement that police advise those under arrest of their rights, including the right to remain silent. The requirement came to be known as the Miranda warning.

Escobedo was living in Mexico when he was arrested in 2001 for Kim's murder. The arrest was made after Escobedo's nephew told authorities about the crime. The nephew testified at trial that Escobedo recruited him to help rob and murder Kim, a fur and leather dealer.
2003-08-28 13:48:57 GMT

Strange this come so close to...

Supreme Court will revisit Miranda ruling

Exactly when must cops
warn suspects of rights?

ASSOCIATED PRESS

WASHINGTON, Aug, 25 — “You have the right to remain silent” will be a common utterance around the Supreme Court this fall. Justices will hear appeals in three cases involving the court’s 37-year-old mandate that police officers warn suspects of their rights before beginning interrogations.

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Actually they announced it back about the time Escobedo was found guilty, but reprinted the story last week.

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You have the right to remain silent, but some of the flap surrounding some of the Homeland Security arrests say the fed. govt. has the right to incarcerate uncooperative (or to "protect") key material witnesses without due process.

 

[wdlove]

For murder he is getting a light sentence. In all practicality due to his age, it's a life sentence. It's sad that he didn't learn his lesson from the 1st conviction!