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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Emergency Services, March 22 Glitch sends false notice to crime victims, triggers probe Cave Junction animal hoarder at it again Public meetings, March 23-27, 2015 21 people fined $260 each in Medford police pedestrian safety operation Crime, Courts and Emergency Services Emergency Services, March 22 21 people fined $260 each in Medford police pedestrian safety operation Emergency Services, March 21 Talent father faces assault charges in alleged whipping Firefighters stop Gold Hill shed fire before it spreads Politics and Elections Arthur I. Cyr: Iran – a crisis without end Arthur I. Cyr: South Korea represents long-term triumph – for them and for US Special election: Jackson County voters OK marijuana tax Ex-Merkley aide chosen as Oregon secretary of state Ashland: Budget increase, swimming pool funding discussion on council agenda Education Oregon school officials blasting new education budget Eight vie for Medford School Board positions Proposed Medford textbook raises constitutional concern North Medford High School principal to retire in June Southern Oregon University's building boom adds up to $130 million Environment Mt. Ashland Ski Area to host party March 28 Controversial asphalt plant in Talent wins county planning approval Mt. Ashland hopes coming storm will reopen ski area Odd visitors found off Oregon Coast Forum explores data gathered in Cascade-Siskiyou National Monument State News Dave Frohnmayer remembered at Eugene memorial Oregon school officials blasting new education budget Bend company's aim: Connect investors to Africa Brown proposes $1 billion in California drought spending Are they decorations or desecration? Nation - World Obituaries Cornelius John Meany Lewis Mark Applebaker Death Notices David Braden Frohnmayer Ray Houck Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable Bank of America is predicting a massive Tesla collapse Sports Latest Stories Green Machine Tago nets game-winner, MVP for Siskiyous Stenson surges into Bay Hill lead Djokovic, Federer advance to Indian Wells final Why should the Cowboys take the high road? Varsity 541 College Sports ROUND TWO Rasmussen tosses Beavers' first perfect game Corban takes two from Raiders No. 8 Ducks advance with victory Wiese, OSU top South Dakota State Pro Sports Stenson surges into Bay Hill lead Djokovic, Federer advance to Indian Wells final Why should the Cowboys take the high road? Payton lifts Magic over Blazers Hoffmann goes on birdie run at Bay Hill Community Sports Business Latest Stories Blog: Three Cheers for Today! Test Drive: 2015 Subaru Outback Limited Silvio Calabi: 2015 Cherokee is a modern Jeep Oregon winemaking emerges as mighty agricultural force Rogue Disposal plans natural gas fueling site Real Estate News East McAndrews Road sees a resurgence in commercial projects Business briefs: March 7 New construction prices jump 18.2 percent in Jackson County People In Business People in Business: Feb. 28 People in Business Transportation Rogue Disposal plans natural gas fueling site Alaska, United Express boost Medford airport to record February CEO Rieder leaving Erickson March 31 Lodging gains bode well for travel industries Agriculture Harry & David announces new president Warm winter has fruit growers poised for action Briefcase: Business briefs for Feb. 21 Opinion Latest Letters to the Editor, March 21 Other Views: Dave Frohnmayer was a man of honor Matthew T. Mangino: When is a confession not a confession? Our View: Textbook authors' reasoning hard to fathom Letters to the Editor, March 20 Editorials Other Views: Dave Frohnmayer was a man of honor Our View: Textbook authors' reasoning hard to fathom Our View: White House public records move is less than sunny Our View: Where the wild things shouldn't be Our View: Keeping the light trained on government Letters to the Editor Letters to the Editor, March 21 Letters to the Editor, March 20 Letters to the Editor, March 19 Letters to the Editor, March 18 Letters to the Editor, March 17 Columns Matthew T. Mangino: When is a confession not a confession? Michael Gerson: Hillary Clinton's Nixonian path to office Arthur I. Cyr: Iran – a crisis without end Dana Milbank: GOP budget is one big gimmick George Will: Kasich waits in the wings Guest Opinions Guest Opinion: Central Point Cemetery needs work and city action Guest Opinion: Return to clearcutting is wrong approach for counties Guest Opinion: Plan a Hawthorne playground for all children Guest Opinion: There is nothing uniform about the Uniform Crime Report GUEST OPINION: Police, community should work to prevent profiling Lifestyle Latest stories Barbara Presnell: Why poetry? And why do it now? Get Out! March 20 calendar of things to do Looking Up: Looking for the zodiacal light Ocean salmon look plentiful off the Southern Oregon coast this year, but next year's a different story Wood bison to roam Alaska again Food Eat this, not that Peanut allergy breakthrough Eat your sprouts More fast food perils Pork perfection: Consider pork steaks instead of ham for the Easter dinner table Home and Garden Hello, honey: Invite bees for a lush garden Understand home inspection Dear Monty: Tips for checking out an existing septic system Garden Cameos: Now is the perfect time to spot wildflowers Paul Rogers: It’s time to assess the damage to yards Health Health Watch: 5 tips for seasonal allergy relief A better bedtime Studying stress Eat this, not that Peanut allergy breakthrough Hiking Biking Faith Religion briefs Religion News: Presbyterian Church gives approval on same-sex marriage Religion briefs: Friday, March 13 More religion events in the Rogue Valley Religion Briefs Milestones and Achievements Haga-Parks Exercise helps special-needs kids adjust to airport procedures Engagement: Workman-Wright Anniversary: Hofer Columnist for a Day Rogue Healthy Aging Tempo Latest stories Here's five top entertainment picks for the coming week Alt-rock band Key of Three is a contender this weekend at Rising Stars Improv rock and folk band hosts a dance party at the Ashland Community Center Andrew Lloyd Webber's lush musical 'Sunset Boulevard' opens at Camelot Theatre in Talent Review: 'Same Time' after all these years Theater Camelot's 'Sunset Boulevard' ambitious, not as dark Andrew Lloyd Webber's lush musical 'Sunset Boulevard' opens at Camelot Theatre in Talent Review: Thanks for the Memories pulls off challenging 'Anastasia' Review: 'Same Time' after all these years Randall Theatre presents playwright Bernard Slade's comedy Music Live Music in Local Clubs Alt-rock band Key of Three is a contender this weekend at Rising Stars Improv rock and folk band hosts a dance party at the Ashland Community Center Kites & Crows, Ryan Marchand and Mercy Duo face-off this weekend at Rising Stars music competition in Jacksonville Rogue Valley Chorale presents 'A Festival of Choirs' at the Craterian Theatre Community Events Rogue Valley artist Linda Evans' pastel paintings capture landscapes of Southern Oregon Ashland Independent Film Festival announces this year's lineup OSF Hip-Hop Poetry Open Mic Ashland's First Friday Art Walk showcases new exhibits by regional artists Jesse Lawson and Joe Moxley host 'Barkeeper' Dining Jasmine Thai Cuisine Restaurant Inspections Agave offers gourmet tacos, tamales, ensaladas and more Serra storms Seattle Sakura Japanese Sushi Restaurant opens in new location Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines/Special Sections Business Services NEWS NOW Glitch sends false notice to crime victims, triggers probe ... Cave Junction animal hoarder at it again ... Camelot's 'Sunset Boulevard' ambitious, not as dark ... Glitch sends false notice to crime victims, triggers probe ... Cave Junction animal hoarder at it again ... Camelot's 'Sunset Boulevard' ambitious, not as dark ... Matthew T. Mangino: When is a confession not a confession? By Matthew T. Mangino More Content Now MailTribune.com By Matthew T. Mangino More Content Now Posted Mar. 20, 2015 @ 5:57 pm By Matthew T. Mangino More Content Now Posted Mar. 20, 2015 @ 5:57 pm » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> 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 MailTribune.com By Matthew T. 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