Myron Robinson, like many other people ignored his lawyer’s advice and spoke to the police, believing that he could talk himself out of trouble. But like most other people in his position he talked himself into a conviction and a stay in the Federal pen. Even after the police gave him the Miranda warnings he continued to talk and the more he talked the more trouble he was in. Now Myron thought he was smart. After all he was friends with an FBI agent and he was friends with the US Attorney. At least he thought they were his friends. He had been a cooperating witness on a case. He even invited agents over to his mother’s house. As a result he thought he could talk himself out of trouble and that he was immune from arrest. WRONG!!! They arrested him and used his statement against him to send him to the pen.

On appeal he asked the appellate court to find that his statement should have been excluded and that his conviction reversed. WRONG!!! The question was who initiated the interrogation. If the FBI initiated the interrogation after being told by Robinson’s lawyer that he asserted his right to remain silent the statement would be excluded, If Robinson initiated the conversation in which he gave the statement then the statement would be admissible.

The Seventh Circuit Court of Appeals found that the question of who initiated the conversation was a factual question and therefore it was reviewed for clear error. It came down to whether the court believed Robinson or whether the court believed the agents. “Where a factual finding rests on the district court’s credibility determination, it ‘is entitled to great deference and can virtually never be clear error’.”

Thus Myron’s big mouth earned him ten years in the Federal pen on gun charges. MAYBE next time he will listen to his lawyer.