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2 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? subscribe | newsletter | deals Home News Latest Stories Tot owners buy Playwright, hire Amuse chef Ashland Fire & Rescue: New column about Ashland emergency services debuts Dianne Williamson: College admissions mania ill-advised 10 things to know for Tuesday Do you have spring fever? Education Dianne Williamson: College admissions mania ill-advised Rotary Club of Ashland names Riley O'Sullivan as Student of the Month Teacher's Tips: Who gets to teach history? Northwest Pizza to raise money for Ashland Schools Foundation Prisoners in their own home Environment Mt. Ashland Ski Area to host party March 28 Mt. Ashland hopes coming storm will reopen ski area Wild Side: Selfish and other reasons for saving endangered species Mt. Ashland Ski Area: Low snow closes 'bunny hill' chairlift for beginning skiers With pre-season conditions worst in 25 years, catastrophic wildfires expected in region this summer Business Tot owners buy Playwright, hire Amuse chef Ashland's Standing Stone brew pub joins green beer coalition Cars We Remember: 1967 Rambler Rebel, 1960 Rambler American Super, and some early engine design flaws Silvio Calabi: Nissan has a winner with its new Murano Ashlanders share seeds Politics and elections Arthur I. Cyr: Iran – a crisis without end Short-term rental restrictions kept in some areas, loosened in others Arthur I. Cyr: South Korea represents long-term triumph – for them and for US Mark L. Hopkins: Looking for a political straight shooter Oregon's governor appoints new secretary of state State News Oregon's governor appoints new secretary of state Nation - World Leonard Nimoy, famous as Mr. Spock on 'Star Trek,' dies Obituaries Rosalind Dee Death Notices Norman Christlieb James Ellis York Death Notices Shareable Bank of America is predicting a massive Tesla collapse Sports Latest Stories Grizz bats heat up in Bend Kansas City Royals star pitcher Jeremy Guthrie visits Ashland to kickoff fundraising campaign Ducks enjoy the challenge Fantasy Sports: Clayton Kershaw a clear-cut ace Oregon bows out High school Grizzlies rally past GP, to 2-0 start Ashland boys capture another Sato Cup snowboard title at Mt. Bachelor Fredrickson leads Grizzlies to season-opening romp Grizz alpine skiers finish strong at state Ashland High's Honsinger tops field in final nordic ski meet Southern Oregon University Ducks enjoy the challenge Oregon bows out Oregon State women come up short in second-round loss to Gonzaga Raiders roughed up at Corban Ducks survive, advance Voices Latest Stories Rick Holmes: What addicts say about getting high and getting better Landgren cartoon: Arsenic wine Dianne Williamson: College admissions mania ill-advised Council Corner: Getting to yes or no — or maybe Granlund cartoon: Ted Cruz enters the 2016 race Editorial Our View: Ashland High principal is the head of her class Our View: Tuition trauma Our View: SOU's economic clout Our view: Keep it simple in developing marijuana rules Our View: Ashland is at risk as a bad fire season looms Letters Letters to the Editor, March 23 Letters to the Editor, March 20 Letters to the Editor, March 19 Letters to the Editor, March 18 Letters to the Editor, March 17 Guest opinions Guest Opinion: Hannah Thomas-Garner's father thanks the Ashland community Guest Opinion: Ashland is asking for trouble with new room rental rules Guest Opinion: More reasons to oppose Jordan Cove Guest Opinion: It's Groundwater Awareness Week; test your well Guest Opinion: Ashland schools failed to protect my son from bullying Columns Council Corner: Getting to yes or no — or maybe Chris Honoré: 'Like a ghastly rapid river, through the pale door, a hideous throng rush out ...' Herb Rothschild: Donating with care Guest Opinion: Hannah Thomas-Garner's father thanks the Ashland community Matthew T. Mangino: When is a confession not a confession? Chris Honore Council Corner Editor's Notes Jeffrey Gillespie Herb Rothschild Revels Latest Stories The Oregon Shakespeare Festival presents Eugene O'Neill's autobiographical 'Long Day's Journey into Night' Community blog: Words, wine and Craig Wright 4 Things To Do This Week Improv rock and folk band hosts a dance party at the Ashland Community Center Best bets for entertainment around Ashland, March 19 Theater The Oregon Shakespeare Festival presents Eugene O'Neill's autobiographical 'Long Day's Journey into Night' Ticket Availability Camelot Theatre in Talent: This 'Sunset' is not as dark Ticket availability Ticket availability Music Album reviews: Recent and recommended for March The Farr Side: New format for ‘American Idol’ as show continues a strong run Improv rock and folk band hosts a dance party at the Ashland Community Center The Farr Side: Madonna — ever the trendsetter Nitty Gritty Dirt Band co-founder John McEuen performs at the Unitarian Fellowship in Ashland Visual Art Ashland's First Friday Art Walk showcases new exhiits by regional artists Movies Movie review: ‘The Gunman’ misses the target Movie listings: March 20-26 More wonderful wrinkles at 'The Second Best Exotic Marigold Hotel' 8 must-see spring films Movie review: ‘Wrecking Crew’ is a look at the people who really put the bomp Food and Drink Cruelest Month: Poetry Blog Lifestyle Latest Stories Tot owners buy Playwright, hire Amuse chef Season Stepp: Waffle iron isn’t just for breakfast anymore Food for Thought: Watermelon is the perfect smoothie ingredient Episode 2.4: The case of the missing client Cars We Remember: 1967 Rambler Rebel, 1960 Rambler American Super, and some early engine design flaws Aging Happens Inner Peace Column Inner Peace Blog Rogues: Tales from the Valley Classifieds Jobs Autos Real Estate FEATURED » Obituaries Photos Videos Blogs Business Business Services NEWS NOW Tot owners buy Playwright, hire Amuse chef ... Calendar: Tuesday, March 24 ... Council Corner: Getting to yes or no — or maybe ... Tot owners buy Playwright, hire Amuse chef ... Calendar: Tuesday, March 24 ... Council Corner: Getting to yes or no — or maybe ... Matthew T. Mangino: When is a confession not a confession? Comment By Matthew T. Mangino More Content Now DailyTidings.com By Matthew T. Mangino More Content Now Posted Mar. 20, 2015 at 5:55 PM By Matthew T. Mangino More Content Now Posted Mar. 20, 2015 at 5:55 PM » Social News About 15 years ago in Winter Haven, Florida, Thomas Roe Oldt, a columnist for the local paper, The Ledger, wrote about the quick and unlikely arrest of two teenagers accused of murder. The teens apparently bragged about the killing. Winter Haven Police Chief David Romaine told Oldt, “The criminal element likes to brag about what happened and what they did to make themselves higher in the food chain with their peers.” Criminals boast, and that often leads to their downfall. However, that doesn’t explain what happened this week in the highly charged case of Robert Durst, the heir to a New York real estate fortune. The HBO series “The Jinx” is based on filmmaker Andrew Jarecki’s examination of the life of Durst, a key suspect in a series of unsolved murders. In the season finale, Durst walked away from the set to use the bathroom wearing a microphone. While in the bathroom by himself he mumbled, “What the hell did I do? Killed them all, of course.” The statement was recorded. The episode was broadcasted. Durst was arrested. Unlike the Winter Haven teenagers, Durst wasn’t bragging, he was talking to himself. Therein begins the legal rumblings that will set the stage for yet another made for TV trial. Will Durst’s mutterings be admissible at trial? To start, the statement is hearsay. A statement made outside of court is normally not admissible. But there are exceptions to the hearsay rule. A statement against interest by a party to the proceeding, in this case the defendant, is admissible. However, was the statement against Durst’s interest? Here we need some context and there is no one to provide it. Durst was talking to himself. Did he mean, “now that I spoke on camera, everyone is going to think ‘I killed them all.’” Did he really mean he killed them all; and who is included in “all”—the statement is not specific. Talking out loud to one’s self is not a conversation — but rather an exploration of thoughts, ideas or even fears. How about the constitutional issues? The filmmakers admitted that they had been cooperating with the police. Were the filmmakers working as an instrument of the state and trying to coax a confession out of Durst? A court-ordered suppression of a confession is primarily to address police misconduct. Here the filmmakers had no obligation to warn Durst that he had the right to remain silent or have an attorney present — the iconic Miranda warnings we recognize from television crime dramas. Even if the filmmakers were acting on behalf of the police, those warnings only apply to a custodial interrogation — in other words, Durst would have been subject to questioning and would not have been free to leave. That was not the case. The U.S. Supreme Court has long interpreted the Fourth Amendment to require law enforcement to get a warrant when eavesdropping on a suspect who has a reasonable expectation of privacy. In 1967, the Supreme Court said a bookie had a reasonable expectation of privacy while inside a telephone booth. The court tossed out the surreptitious recording of his bookmaking. If the filmmakers had become an instrument of law enforcement, then the police would need a warrant to record Durst in the bathroom, because he has a reasonable expectation of privacy. However, Durst had a microphone on, and was warned in the past that the microphone was recording even when not in front of the camera. That fact diminishes his expectation of privacy. When Durst was arrested at his New Orleans home, police found marijuana and a gun. He was arraigned on those charges as well. If the court ultimately says that the recorded statement is not admissible and his arrest unlawful, could the drug and gun charge also be gone? Maybe, there is a theory in the law that any evidence illegally obtained with an invalid search warrant or arrest warrant may be suppressed as “fruit of the poisonous tree.” The issues are many and the potential twists and turns would thrill any television news executive. And, don’t forget, Durst’s high priced legal team already got him acquitted of a homicide that he admitted. Stay tuned. Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book “The Executioner’s Toll, 2010” was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter at @MatthewTMangino. By Matthew T. Mangino More Content Now DailyTidings.com By Matthew T. 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