I’ve wanted to do that but never have. I also have a case where it’s relevant. What doctor did you use for that?
________________________________________
From: chiefdefenders@pdap.simplelists.com [chiefdefenders@pdap.simplelists.com] on behalf of Wayne McGrew [WMCGREW@co.westmoreland.pa.us]
Sent: Thursday, May 12, 2022 3:33 PM
To: chiefdefenders@pdap.simplelists.com
Subject: Lack capacity to waive Miranda

Hello All,

I have a Homicide case that I am working on.  We are at pretrial motions stage.  Our doctor has authored a report and opined that our client did not possess the requisite mental capacity to adequately comprehend the gravity of the situation and his constitutional rights.  And he therefore could not legally waive his Miranda rights.  Has anyone else dealt with a similar issue.  The police interviewed the client on 3 different occasions for hours at a time and he finally admitted that he started a fire in which someone died.  I am just starting my research and planning of strategy so if anyone has had a similar issue, I would appreciate hearing what you learned.

I thank you in advance.

Sincerely,

Wayne P. McGrew

Chief Public Defender
Office Of The Public Defender
Westmoreland County Courthouse
2 N. Main Street
Greensburg, PA 15601

(724) 830-3535
(724) 830-3574 (fax)
Call 2-1-1 for Social Services. Help Starts Here.

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