04-11-2012, 07:05 PM
Must Bob Bashara's attorney be present for handwriting samples?
Defense expert Todd Flood weighs in on Bob Bashara's Wednesday court appearance
Author: Todd Flood, Defense expert
Published On: Apr 11 2012 05:39:24 PM EDT Updated On: Apr 11 2012 05:41:55 PM EDT
![[Image: Bob-bashara-in-court-4112012-2-jpg.jpg]](http://www.clickondetroit.com/image/view/-/10559046/medRes/1/-/maxh/360/maxw/640/-/mts0xn/-/Bob-bashara-in-court-4112012-2-jpg.jpg)
... Griem’s contention that he is entitled to be present when Bashara’s handwriting samples are taken is based on Bashara’s constitutional right to counsel. The prosecutor argues that the defendant has no right to counsel when the handwriting samples are taken.
The Sixth Amendment right to counsel extends to all critical stages of proceedings where counsel's absence might harm a criminal defendant's right to a fair trial.
Just as the right to counsel does not extend to the gathering of blood samples or fingerprints from a defendant, the right to counsel does not extend to the taking of handwriting samples. This is because the risk of harm due to attorney absence in those situations is minimal.
The court will likely rule that Griem is not entitled to be present for the handwriting samples.
However, since Bashara has invoked his right to counsel and right to remain silent, the police will not allowed to ask Bashara any questions during this process.
It is apparent that the police are in possession of some evidence that contains an unknown individual’s handwriting.
Wednesday's hearing begs the question: what evidence do the police have that they want to compare Bashara’s handwriting to?
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More at the Source: http://www.clickondetroit.com/news/inves...index.html
Defense expert Todd Flood weighs in on Bob Bashara's Wednesday court appearance
Author: Todd Flood, Defense expert
Published On: Apr 11 2012 05:39:24 PM EDT Updated On: Apr 11 2012 05:41:55 PM EDT
... Griem’s contention that he is entitled to be present when Bashara’s handwriting samples are taken is based on Bashara’s constitutional right to counsel. The prosecutor argues that the defendant has no right to counsel when the handwriting samples are taken.
The Sixth Amendment right to counsel extends to all critical stages of proceedings where counsel's absence might harm a criminal defendant's right to a fair trial.
Just as the right to counsel does not extend to the gathering of blood samples or fingerprints from a defendant, the right to counsel does not extend to the taking of handwriting samples. This is because the risk of harm due to attorney absence in those situations is minimal.
The court will likely rule that Griem is not entitled to be present for the handwriting samples.
However, since Bashara has invoked his right to counsel and right to remain silent, the police will not allowed to ask Bashara any questions during this process.
It is apparent that the police are in possession of some evidence that contains an unknown individual’s handwriting.
Wednesday's hearing begs the question: what evidence do the police have that they want to compare Bashara’s handwriting to?
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More at the Source: http://www.clickondetroit.com/news/inves...index.html