Current Events > Question for armchair lawyers/police (Breaking Bad spoilers)

(+) Yeah! (+)

Would Don Hector/Tio's 'statement' to the police hold up? Is it admissible in court?

yes I know he doesn't tell them anything, but let's say he did. Let's say he told them Jesse was at his house. Jessie assaulted Tuco with a rock and Walt shot him

Let's say he told them about Gus' operation and about how Mike stole pens from the post office

Would either "he ran the bell for yes to our questions " or "he rang the bell to spell out messages letter by letter. Trust us" hold up?

https://youtu.be/LUKrxVzJ8oM
https://youtu.be/AqGreZrrVHA

I feel like a good attorney (Better Call Saul!) would tear that apart

At the same time I imagine police have to get statements from people who can't talk, children , the mentally ill or those with learning difficulties all the time

So is there a process in place?

I think that if they could prove he was coherent, that the bell was the only way he could communicate with others, and that the answers he provided with the bell were consistent, then his "statement" would be seen as admissable.

otherwise, it could be seen as discriminatory that he was unable to make a "criminal statement"/be used as a witness.

but then again, I'm not a lawyer, and idk anything about the law.

g0ldie posted...

but then again, I'm not a lawyer, and idk anything about the law.

https://www.youtube.com/watch?v=vVii25KaTfU

Also not a lawyer.... But I would imagine as long as he of sound mind (which he seemed to be) then he should be able to answer like that since he can't talk. I don't see it as much different than sign language or something. Granted he can only answer yes or no questions.

Need Legal Eagle on this. He did other BB/BCS scenes.

WrkHrdPlayHrdr posted...

I don't see it as much different than sign language or something

They can still write things down

You have hearsay and Confrontation Clause issues if an officer is testifying to Hector's statements. If he would be unavailable to testify, you might be able to get it in through one of a few exceptions.

If Hector himself testified, which he would probably be declared competent to do with sufficient corroboration by the folks attending him, you don't run into those issues.

Southernfatman posted...

Need Legal Eagle on this. He did other BB/BCS scenes.

they're good videos too