A detective that posed as an inmate to tape a conversation with a murder suspect might have done so in vain as the tape may not be allowed in court. However, another tape, of the fight between the suspect and the victim, that later led to the victim's death, will be used in court, as reported by the Los Angeles Times.
The case against V.Z., 25, has been complicated due to a discussion she had while in jail, with a woman posing as another inmate. The other woman in the cell with V.Z. was Santa Ana Police Detective P.N.
Det. P. N. testified in court that she spoke with V.Z. for an hour and did not share her true identity at any time.
Legal experts now speculate that the secretly recorded conversation may not be introduced as evidence in the trial.
V.Z., along with C.B., 27, have been charged with the murder of K.P., 23, after a fight on January 18. Both women have pleaded not guilty.
Former prosecutor and now a defense attorney, Dmitry Gorin, commented, "Questioning cannot continue after the suspect invokes their rights to legal counsel." According to Gorin the law allows a member of the police force to listen or eavesdrop – but they cannot comment, question or interact in any way with a suspect after they have invoked their right to an attorney.
Orange County-based criminal defense attorney Paul Wallin said he was shocked to learn about the detective's behavior. Wallin called the secret taping "outrageous."
Police departments secretly record jailed inmates routinely. Prosecutors may sometimes even employ a jailhouse informant as a witness. Then the informant may be called to testify in court as to what their conversation was about; or in some instances, what was learnt during a confession.
Gorin believes that police department went around the law when they sent Detective P.N. into the cell with a false identity – with the sole purpose of gaining incriminating information from V.Z.
Kenneth Reed, V.Z.'s defense attorney, has accused police Detective L.R. of failing to take a photograph of V.Z. to show she had been injured in the fight with K.P.
In a video, which has been admitted in court, a cell phone captures K.P. landing the first punch in the fight, and later, straddling a woman on the ground while beating her. The woman being beaten was later identified as A.A., a friend of V.Z.'s, and is a person of interest in the case.
In the final parts of the video V.Z. is seen kicking at the ground nearest K.P. Reed pointed out a man is then seen pulling A.A. away – and V.Z. may have been kicking K.P. partly in her own defense, and in fear of being dragged off as well.
Reed said, "All these things are relevant. If she's watching her girlfriend being pulled by some guy by her legs while this other woman is beating on her, that is the essence of what this is about."
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