Niagara County Jail

Pre-sentencing

Interview with Karl


JM: Tell us about the pre-sentencing process:
Karl: Initially, before the jail administration brought in a new computerized law library system the inmates were permitted access to hard-bound books published by the West Legal System and even though the cases could not be Shepardized (that is, checked to insure their validity) the hard-bound book system was far superior to the current system being used, especially as regards the constitutional issues under the Sixth and Fourteenth Amendments. Now, inmates are permitted only 30-45 minutes to access the Lexis-Nexis CD-ROM reader and NO free copying is provided for indigent prisoners.

JM: Did you have police stop by your house for questioning?
Karl: Yes. There was not a whole lot of questioning but some incriminating statements were made on my part that were not protected under Miranda. There may have been what is known as a Payton violation as far as the police not having exigent circumstances to arrest me, but I am not a legal technician. The arrest was witnessed by another resident who no longer lives at the boarding house, having been evicted for non- payment of rent. At the station house, I was read my Miranda rights the NEXT day and not given all the rights that I'm entitled to. An incriminating statement concerning the date of a move into my new place was taken, after a trick question was used. This was attempted to be countered at the Huntley hearing, to no avail.

JM: What was your court appearance like?
Karl: I was represented by a public defender from the City of Niagara Falls who incorrectly advised me that the preliminary hearing was only to determine whether there was probable cause to arrest me. Later, I learned that there is a certain procedure that is to be followed during this preliminary hearing. A Huntley hearing was held and the police detective McCune's testimony was taken as gospel, so all incriminating statements were ruled admissible.