Friday, September 19, 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

Missouri Street Theatre set to open ‘Bonnie and Clyde’

By Amy Maginnis-Honey | From Page: B1

 
Shelter uses technology to reunite pets, owners

By Susan Hiland | From Page: A1 | Gallery

 
Weekend full of jazz on tap in Vacaville

By Amy Maginnis-Honey | From Page: B1

 
Police make child molestation arrest

By Barry Eberling | From Page: A3, 4 Comments | Gallery

 
Dignitaries celebrate opening of $30M courthouse

By Jess Sullivan | From Page: A3, 2 Comments | Gallery

 
Fairfield police arrest 2 in robberies investigation

By Barry Eberling | From Page: A3, 10 Comments | Gallery

 
Police seek help to find missing Fairfield man

By Glen Faison | From Page: A4 | Gallery

 
Men, again, are seen as missing in Fairfield

By Ryan McCarthy | From Page: A4, 6 Comments | Gallery

Stolen vehicle investigation leads to 3 arrests

By Barry Eberling | From Page: A4, 3 Comments | Gallery

 
Weather for Sept. 19, 2014

By Daily Republic | From Page: B12

Suisun City police log: Sept. 17, 2014

By Susan Hiland | From Page: A12

 
Fairfield police log: Sept. 17, 2014

By Susan Hiland | From Page: A12

.

US / World

Man arrested in fast-growing California wildfire

By The Associated Press | From Page: A1 | Gallery

 
Strong Senate vote for Obama on Syria rebel aid

By The Associated Press | From Page: A1

Scots reject independence in historic vote

By The Associated Press | From Page: A1, 1 Comment | Gallery

 
Passenger says JetBlue plane filled with smoke

By The Associated Press | From Page: A4 | Gallery

Law makes earthquake insurance more understandable

By The Associated Press | From Page: A4

 
GOP pushes diverse candidates, but will it matter?

By The Associated Press | From Page: A4, 1 Comment

PG&E emails may have violated rules, judge says

By The Associated Press | From Page: A5

 
500 Berkeley students missed sex abuse classes

By The Associated Press | From Page: A5

Boxer indicates big decision to come next year

By The Associated Press | From Page: A5 | Gallery

 
Father arrested in fatal stabbing of 6-year-old

By The Associated Press | From Page: A5

Health exchange addresses dropped policies

By The Associated Press | From Page: A5

 
UC system plan calls for anti-sex abuse effort

By The Associated Press | From Page: A5

Democratic state lawmaker arraigned on DUI charges

By The Associated Press | From Page: A5, 1 Comment

 
Sheriff: Fla. man kills 6 grandchildren, daughter

By The Associated Press | From Page: A6

Couple in Craigslist slaying sentenced to life

By The Associated Press | From Page: A6

 
In wake of beheadings, Busch Gardens removes props

By The Associated Press | From Page: A6

Trooper ambush suspect added to most wanted list

By The Associated Press | From Page: A6

 
CDC tells healthy adults not to forget flu vaccine

By The Associated Press | From Page: A6 | Gallery

Border Patrol to test wearing cameras

By The Associated Press | From Page: A6 | Gallery

 
Kansas court: Remove Democrat from Senate ballot

By The Associated Press | From Page: A6

Ukraine’s pleas for lethal aid from US go unmet

By The Associated Press | From Page: A6

 
British hostage appears in new video

By The Associated Press | From Page: A10

Witness: 21 killed by Mexico army had surrendered

By The Associated Press | From Page: A10

 
Militant gains illustrate plight of Syrian Kurds

By The Associated Press | From Page: A10

Series of attacks kills at least 36 in Iraq

By The Associated Press | From Page: A10

 
Sierra Leone to shut down for 3 days to slow Ebola

By The Associated Press | From Page: A10 | Gallery

.

Opinion

 
Did the ‘War on Poverty’ fail?

By Ben Boychuk and Joel Mathis | From Page: A11

 
Do you feel more secure?

By Bud Stevenson | From Page: A11, 2 Comments

My support for anyone but Moy

By Letter to the Editor | From Page: A11, 34 Comments

 
.

Living

Today in History: Sept. 19, 2014

By The Associated Press | From Page: A2

 
Community Calendar: Sept. 19, 2014

By Susan Hiland | From Page: A2

Horoscopes: Sept. 19, 2014

By Holiday Mathis | From Page: A9

 
Mother-in-law bothers me at work for kid’s minor infractions

By Kathy Mitchell and Marcy Sugar | From Page: A9

.

Entertainment

Week in preview Sept. 19-25, 2014

By Amy Maginnis-Honey | From Page: B1

 
Review: ‘Leave You’ has A-list cast, B-grade result

By The Associated Press | From Page: B2

Adam Driver shifts into hyper drive

By Jake Coyle | From Page: B2

 
‘The Voice’ winner goes to Broadway’s ‘Pippin’

By The Associated Press | From Page: B3

 
TV Guide Network renaming itself POP

By The Associated Press | From Page: B3

Peter Fonda’s ‘Easy Rider’ bike going to auction

By The Associated Press | From Page: B3

 
Entertainment calendar Sept. 19, 2014

By Amy Maginnis-Honey | From Page: B4

Darrell Hammond takes over for Don Pardo on ‘SNL’

By The Associated Press | From Page: B5

 
TVGrid

By Daily Republic Syndicated Content | From Page: B6

The Roosevelt trail, from Maine to North Dakota

By The Associated Press | From Page: B6

 
.

Sports

Vanden volleyball team remains undefeated in SCAC play

By Daily Republic staff | From Page: B7

 
49ers’ Derek Carrier ready to step in at tight end

By The Associated Press | From Page: B7, 1 Comment

Raiders seek ways to get Reece more involved

By The Associated Press | From Page: B7 | Gallery

 
Athletics out of top wild-card spot as Texas sweeps

By The Associated Press | From Page: B7 | Gallery

Nashville new home for Athletics’ Triple-A team

By The Associated Press | From Page: B7

 
 
Falcons romp to 56-14 win over hapless Buccaneers

By The Associated Press | From Page: B8 | Gallery

 
2-time Grand Slam winner Li Na retires from tour

By The Associated Press | From Page: B8

Stacy Lewis, Mi Jung Hur share LPGA lead in Alabama

By The Associated Press | From Page: B8

 
WR Simpson, in more trouble, released by Vikings

By The Associated Press | From Page: B8

Royal & Ancient votes to admit female members

By The Associated Press | From Page: B8

 
MLS says Chivas USA might not play in 2015

By The Associated Press | From Page: B8

Tiger Woods says he might coach himself

By The Associated Press | From Page: B8

 
Police: Cardinals RB Dwyer head-butted wife

By The Associated Press | From Page: B8

Prep football capsules: Week 3

By Paul Farmer | From Page: B10

 
Signups for Friday, Sept. 19, 2014

By Paul Farmer | From Page: B10

Appeals court reconsidering Barry Bonds conviction

By The Associated Press | From Page: B10

 
.

Business

Nissan’s small car excels at affordability

By Ann M. Job | From Page: C1 | Gallery

 
Self-driving cars now need a permit in California

By The Associated Press | From Page: C2 | Gallery

Ellison gives up Oracle CEO role, becomes chairman

By The Associated Press | From Page: B11

 
California bill increases Hollywood tax credits

By The Associated Press | From Page: B11

Fed keeps rates low, but brace for the inevitable

By The Associated Press | From Page: B11

 
Alibaba prices IPO at $68 per share

By The Associated Press | From Page: B11 | Gallery

Home Depot says malware affected 56M payment cards

By The Associated Press | From Page: B11

 
Applications for US jobless benefits fall sharply

By The Associated Press | From Page: B11, 1 Comment

Apple locks itself out of devices with passwords

By The Associated Press | From Page: B11

 
Alibaba’s plan: Today, China. Tomorrow, the world.

By The Associated Press | From Page: B11

Chevron meets new, voluntary shale drilling rules

By The Associated Press | From Page: B11

 
.

Obituaries

Margaret King

By Susan Hiland | From Page: A4

 
Mae Frances Jones

By Nancy Green | From Page: A4

.

Comics

Wizard of Id

By Daily Republic Syndicated Content | From Page: A8

 
Beetle Bailey

By Daily Republic Syndicated Content | From Page: A8

Garfield

By Daily Republic Syndicated Content | From Page: A8

 
Blondie

By Daily Republic Syndicated Content | From Page: A8

Sally Forth

By Daily Republic Syndicated Content | From Page: A8

 
Frank and Ernest

By Daily Republic Syndicated Content | From Page: A8

Rose is Rose

By Daily Republic Syndicated Content | From Page: A8

 
Zits

By Daily Republic Syndicated Content | From Page: A8

Baldo

By Daily Republic Syndicated Content | From Page: A8

 
Peanuts

By Daily Republic Syndicated Content | From Page: A8

For Better or Worse

By Daily Republic Syndicated Content | From Page: A8

 
Pickles

By Daily Republic Syndicated Content | From Page: A8

Baby Blues

By Daily Republic Syndicated Content | From Page: A8

 
B.C.

By Daily Republic Syndicated Content | From Page: A8

Get Fuzzy

By Daily Republic Syndicated Content | From Page: A8

 
Dilbert

By Daily Republic Syndicated Content | From Page: A8

Crossword

By Daily Republic Syndicated Content | From Page: A9

 
Bridge

By Daily Republic Syndicated Content | From Page: A9

Sudoku

By Daily Republic Syndicated Content | From Page: A9

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: A9

Word Sleuth

By Daily Republic Syndicated Content | From Page: A9