A recent court case out of Illinois highlights the great lengths to which law enforcement will go in order to arrest a person for murder. An incident likes this could happen to anyone, including those charged with murder in Los Angeles and elsewhere.
The case of Aleman v. Village of Hanover Park is a cautionary tale for defendants who may be charged with a crime.
Our Los Angeles criminal defense lawyers understand that police are under pressure to make arrests, especially in violent cases such as murder. They work overnight, get little sleep, review scads of documents, talk with witnesses, and look for clues as to who may be responsible.
They get calls from the media, from their bosses, from political leaders, from the victim's family and others who are looking for quick answers. We understand the pressure, but investigators must follow the rules and apply ethical judgment when doing their job.
In the Illinois case, Aleman ran a daycare from his home, which included caring for his own five children. In September 2005, after about five months in business, an incident happened that changed his life.
One day, a mother dropped off her 11-month-old son, who was lethargic and feverish. Shortly after dropping the boy off, he began grasping for air and collapsed. The man called for an ambulance and performed CPR, but was only able to get some fluid out of the boy's mouth.
Police asked him and his wife to come to the police station, which he did. After 45 minutes in an interrogation room without seeing anyone, he asked if he could come back in an hour and he was told no because he was under arrest. Five hours later, two officers entered the room.
They told him he had the most information and they wanted to speak with him. He asked to speak with his lawyer, which they allowed, but in the meantime, drafted a waiver of rights form for him to sign. His lawyers smartly told him not to speak to officers, but during their conversation, one of them got on the phone and talked with the lawyer.
They allowed him to make several other calls, though he didn't want to talk to them, they continued pressuring him. Eventually, he called his lawyer again and relayed to police his attorney said it was fine for him to talk to police. He then gave a four-hour statement, during which he made an admission to possibly shaking the boy.
He was charged with aggravated battery of a child, which was later upgraded to murder when the boy died. But, as prosecutors discovered, police went out of their way to finger this man when there was no evidence.
One of the main investigators had been in contact with the boy's mother and knew she had a violent past with a criminal history and had threatened the boy, was known to have hit him and wanted him dead. Yet, the officer tried to hide that from other detectives.
After a medical examiner found the boy couldn't have died from blows by the man that day, the detective told her he had information to believe the boy was acting normally and was healthy on the day in question and she changed her opinion. Once she found out she was lied to, she changed it back.
Charges were later dropped by prosecutors, though the mother was never charged. The man is now suing the police department and officers for their mistreatment.
If you need to speak with a Los Angeles defense attorney, contact the Law Offices of Stephen G. Rodriguez and Associates at 213-223-2173 for a free consultation.
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