over at Confederate Yankee. It's enough to both piss you off enormously, and make you despair. He goes over the search warrant affidavit, what's been made public; his conclusion is
There is insufficient evidence to suggest that Det. Tisch was trying to mislead the judge involved. It does describe what appears to be a pattern of possibly drug-related activity, but that is not sufficient to establish probable cause. Det. Tisch does provide background information on how drug traffickers commonly operate, but that too does not establish probable cause. Det. Tisch does try to make those involved appear to be a criminal and suspicious as possible, but he does this by often leaving out inconvenient, even contradictory details such as the fact that Jose was arrested years earlier and the charges were dropped. I am still mystified why any judge would issue a warrant based on this affidavit unless he merely scanned it instead of reading it. If that was the case, it might appear to be competent.
If this is, in fact, a valid copy of the actual affidavit, Vanessa Guerena’s attorney is a happy man today.
If you're not mad as hell after the above, wait'll you get to the transcript of the 'interview' of Vanessa Guerena; my one excerpt from that:
NOTE: Det. Pruess has told her that she can’t get out of the room, and that she is not allowed to leave. This means that she is under arrest. Again, contrary to what people see on TV, if you don’t wish to speak with the police, you can refuse and leave at any time. If they don’t allow you to leave, you are under arrest. There is no other interpretation. The police have no authority to put you in a room and hang onto you—or to otherwise detain you--as long as they please unless they arrest you. He says that “by law” she’s not allowed to leave. That’s nonsense. He’s lying to her. He also says that he has to read her Miranda. As I’ve pointed out, there is no reason to read Miranda to anyone unless they are under arrest and you are asking them questions that you intend to use against them in court. The legal term is “custodial interrogation.” The police do not mirandize witnesses; it’s not necessary. Am I exaggerating? Did the detective misspeak? The transcript continues after Pruess read Miranda to her and says:
Disgusting. From beginning to end.