Wednesday, October 1, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Court: Silence can be used against suspects

By
From page A4 | August 16, 2014 |

SAN FRANCISCO — The California Supreme Court has ruled that the silence of suspects can be used against them.

Wading into a legally tangled vehicular manslaughter case, a sharply divided high court on Thursday effectively reinstated the felony conviction of a man accused in a 2007 San Francisco Bay Area crash that left an 8-year-old girl dead and her sister and mother injured.

Richard Tom was sentenced to seven years in prison for manslaughter after authorities said he was speeding and slammed into another vehicle at a Redwood City intersection.

Prosecutors repeatedly told jurors during the trial that Tom’s failure to ask about the victims immediately after the crash but before police read him his so-called Miranda rights showed his guilt.

Legal analysts said the ruling could affect future cases, allowing prosecutors to exploit a suspect’s refusal to talk before invoking 5th Amendment rights against self-incrimination.

“It’s a bad and questionable decision,” said Dennis Fischer, a longtime criminal appellate lawyer.

Tom’s attorney Marc Zilversmit said he is deciding whether to petition the U.S. Supreme Court to take up the issue or renew his arguments in the state court of appeal.

“It’s a very dangerous ruling,” Zilversmit said. “If you say anything to the police, that can be used against you. Now, if you don’t say anything before you are warned of your rights, that too can be used against you.”

The state Supreme Court in a 4-3 ruling said Tom needed to explicitly assert his right to remain silent — before he was read his Miranda rights — for the silence to be inadmissible in court.

Tom has been freed on $300,000 bail pending his appeal.

Tom was arrested after his Mercedes sedan plowed into a car driven by Lorraine Wong, who was turning left onto a busy street.

Prosecutors argue that Tom’s car was speeding at 67 mph in a 35 mph zone when the collision occurred. He was placed in the back of a police cruiser but was not officially arrested and advised of his rights until later in the day.

Prosecutors said Tom’s failure to ask about the Wong family while detained showed his guilt.

Justice Goodwin Liu dissented.

“The court today holds, against common sense expectations, that remaining silent after being placed under arrest is not enough to exercise one’s right to remain silent,” Liu wrote.

The ACLU filed a friend of the court brief supporting Tom’s appeal.

Fischer and others say the ruling might not be the last word on the issue.

The high court ordered the court of appeal to reconsider the case, meaning it could return to the California Supreme Court.

The high court is undergoing a dramatic transition and it’s possible that two new justices would reconsider the ruling.

Baxter, a Republican appointee and reliable conservative vote on the court, is retiring in January.

Meanwhile, Gov. Jerry Brown recently nominated Stanford University law professor Mariano-Florentino Cuéllar to fill a vacancy.

“This could be the last hurrah for a conservative Supreme Court,” appellate lawyer Jon Eisenberg said.

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

 
Middle school students put school candidates on the hot seat

By Susan Winlow | From Page: A1 | Gallery

 
Suisun City candidates get lively in 2nd council forum

By Ian Thompson | From Page: A1, 1 Comment | Gallery

 
Solano focuses on rail safety

By Barry Eberling | From Page: A3, 1 Comment

 
 
Booz and Brewz benefit for the Blue Star Moms

By Amy Maginnis-Honey | From Page: A4

Police search for missing man

By Glen Faison | From Page: A4 | Gallery

 
Caltrans cancels nighttime Highway 37 closures

By Barry Eberling | From Page: A5

Salvation Army gears up for annual Red Kettle campaign

By Amy Maginnis-Honey | From Page: A5, 1 Comment | Gallery

 
Blessing of the animals slated Sunday

By Amy Maginnis-Honey | From Page: A5, 2 Comments

 
Travis airman killed in motorcycle accident

By Ian Thompson | From Page: A5

 
Theaters primed for bevy of new movies

By Amy Maginnis-Honey | From Page: A7

Suisun City police log: Sept. 29, 2014

By Susan Hiland | From Page: A9

 
Fairfield police log: Sept. 27, 2014

By Glen Faison | From Page: A9, 2 Comments

Suisun City police log: Sept. 28, 2014

By Glen Faison | From Page: A9

 
Suisun City police log: Sept. 27, 2014

By Glen Faison | From Page: A9

Fairfield police log: Sept. 28, 2014

By Glen Faison | From Page: A9, 2 Comments

 
Fairfield police log: Sept. 29, 2014

By Susan Hiland | From Page: A9, 2 Comments

 
FBI announces reward for Vacaville bank robber

By Jess Sullivan | From Page: A10

American Legion seeks Korean War veterans for award

By Susan Hiland | From Page: A10

 
Third Annual Ride to Defeat Diabetes is Sunday

By Susan Hiland | From Page: A10

4-H Achievement Night honors county members

By Susan Winlow | From Page: A10

 
Measure A committee plans weekend precinct walk

By Susan Winlow | From Page: A10

.

US / World

Forest areas reopen after huge fire

By The Associated Press | From Page: A6

 
Hong Kong leader refuses to meet with protesters

By The Associated Press | From Page: B7

Secret Service chief on hot seat for WH breach

By The Associated Press | From Page: B7

 
Afghan pact signed amid questions on Iraq pullout

By The Associated Press | From Page: B7

Police on manhunt find pipe bombs in woods

By The Associated Press | From Page: A9

 
Oklahoma man charged with murder in beheading

By The Associated Press | From Page: A9

Luck, instinct determined fates of volcano hikers

By The Associated Press | From Page: A9

 
Government confirms first case of Ebola in US

By The Associated Press | From Page: A9

Mayor of suburban Los Angeles city killed

By The Associated Press | From Page: A9, 1 Comment

 
Crash, suspicious device lead to 101 closure in LA

By The Associated Press | From Page: A9

Gov. Brown governor vetoes ethics bills

By The Associated Press | From Page: A9, 5 Comments

 
California becomes first state to ban plastic bags

By The Associated Press | From Page: A11, 6 Comments

Bay Area looks to expand overnight transit options

By The Associated Press | From Page: A12

 
Gov. Jerry Brown signs California gun restriction

By The Associated Press | From Page: A12, 11 Comments

.

Living

Today in History: Oct. 1, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Oct. 1, 2014

By Susan Hiland | From Page: A2

 
Horoscopes: Oct. 1, 2014

By Holiday Mathis | From Page: B5

One simple slicing trick to bake a beautiful tart

By Sara Moulton | From Page: B6

 
A speedy, kitchen sink approach to pumpkin bread

By J.M. Hirsch | From Page: B6

The flavor of fall – pumpkin pie in a cinnamon bun

By The Associated Press | From Page: B6

 
.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: A5

 
Morgan: ‘Can’t believe’ Walmart blaming him

By The Associated Press | From Page: A7

.

Sports

Raiders make Tony Sparano interim coach after firing Allen

By The Associated Press | From Page: B1

 
Royals beat A’s 9-8 in 12 in AL wild-card thriller

By The Associated Press | From Page: B1 | Gallery

 
Local report: Rodriguez volleyball team downs Armijo

By Daily Republic staff | From Page: B1

Pirates’ Volquez looks to continue revival against Giants

By The Associated Press | From Page: B1 | Gallery

 
FCC will consider petition to ban ‘Redskins’

By The Associated Press | From Page: B2

Training camp essential for NBA’s new head coaches like Warriors’ Kerr

By The Associated Press | From Page: B2 | Gallery

 
No. 14 Stanford trying to jolt stagnant offense

By The Associated Press | From Page: B2

NC State coach apologizes for fake injury remarks

By The Associated Press | From Page: B2

 
NFL says Abdullah should not have been penalized

By The Associated Press | From Page: B2

NFL has laundry list of verboten celebrations

By The Associated Press | From Page: B2

 
Government: NFL TV ‘blackout’ rule unsportsmanlike

By The Associated Press | From Page: B2

Olympian Michael Phelps apologizes for DUI arrest

By The Associated Press | From Page: B2

 
Gravely injured Giants fan sues Dodgers again

By The Associated Press | From Page: B2, 1 Comment

Ex 49ers RB James agrees to terms with Dolphins

By The Associated Press | From Page: B2

 
49ers’ Wilhoite filling the injury void at linebacker

By The Associated Press | From Page: B8 | Gallery

 
.

Business

EU says Apple gets illegal tax benefits in Ireland

By The Associated Press | From Page: A9

 
Could a merger follow the PayPal-eBay split?

By The Associated Press | From Page: A9

.

Obituaries

John ‘Bo’ M. Miller

By Nancy Green | From Page: A4

 
David Earl Butenhoff-Forristall

By Nancy Green | From Page: A4

Marte Abad Lubag

By Nancy Green | From Page: A4

 
Clara May Clift Triplett

By Daily Republic staff | From Page: A4, 3 Comments

.

Comics

Blondie

By Daily Republic Syndicated Content | From Page: B4

 
B.C.

By Daily Republic Syndicated Content | From Page: B4

Pickles

By Daily Republic Syndicated Content | From Page: B4

 
Garfield

By Daily Republic Syndicated Content | From Page: B4

Get Fuzzy

By Daily Republic Syndicated Content | From Page: B4

 
Baby Blues

By Daily Republic Syndicated Content | From Page: B4

For Better or Worse

By Daily Republic Syndicated Content | From Page: B4

 
Baldo

By Daily Republic Syndicated Content | From Page: B4

Zits

By Daily Republic Syndicated Content | From Page: B4

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: B4

Dilbert

By Daily Republic Syndicated Content | From Page: B4

 
Beetle Bailey

By Daily Republic Syndicated Content | From Page: B4

Rose is Rose

By Daily Republic Syndicated Content | From Page: B4

 
Frank and Ernest

By Daily Republic Syndicated Content | From Page: B4

Sally Forth

By Daily Republic Syndicated Content | From Page: B4

 
Peanuts

By Daily Republic Syndicated Content | From Page: B4

Bridge

By Daily Republic Syndicated Content | From Page: B5

 
Crossword

By Daily Republic Syndicated Content | From Page: B5

Cryptoquote

By Daily Republic Syndicated Content | From Page: B5

 
Sudoku

By Daily Republic Syndicated Content | From Page: B5

.

Breast Cancer Awareness 2014

Breast cancer in younger women

By Green Shoot Media | From Page: BCA2

Talking with your doctor

By Green Shoot Media | From Page: BCA3

Breast cancer myths

By Green Shoot Media | From Page: BCA4

Diet linked to cancer

By Green Shoot Media | From Page: BCA9

Giving emotional support

By Green Shoot Media | From Page: BCA10

After the treatment

By Green Shoot Media | From Page: BCA12

Join the fight: Get involved

By Green Shoot Media | From Page: BCA15