Apparently, the Right to Silence extends also to the police:

[From a story on the home page] He then agreed to submit to a polygraph and signed a release form. After the test, authorities remained silent for six or seven minutes, prompting Nenno to finally say: "I failed it, didn't I?" When the examiner told Nenno he needed to disclose where the girl was, Nenno told him, "I think she's still in the attic."

In his state and federal appeals, Nenno contended the silence was an improper tactic and any statements resulting from it should not be allowed as evidence. The Texas Court of Criminal Appeals and the federal district court said the polygraph was not unlawful and statements were not the result of coercion. The 5th Circuit decision upholds those rulings.

For the full story, click here.

[This message was edited by JB on 06-08-07 at .]

Maybe next time I get the chance to cross-examine a defendant, I will just sit silently and stare at him until he breaks down and confesses.

Worked for my mom many times. Combine that with a raised eyebrow, and none can resist.

Im 1998 I tried a dna agg sexual assault of a child case. The defendant took the stand and denied assaulting the child. The evidence showed that his semen was found on the victim's underwear.

My sole cross question was: "Please turn to the jury and explain to them why your semen was on victim's panties."

The defendant said nothing. Minutes went by. Finally, after about five minutes, the defense attorney said: "Judge, I don't think my client has anything to say."

Visiting Judge Neil Caldwell then said "I think Mr. G is still awaiting an answer to his last question."

Gotta love Judge C.

Talk about "Silence is golden."

My mom would have gotten an answer.

I'm sure your mom is like my mom, JB, and yes, mine would've gotten an answer too.

But really, the jury did get an answer.

Actually, Mom would have gotten an answer, made you write an essay about it, and then corrected your spelling.

SCOTUS remains silent on Nenno's argument:

Texan's appeal refused

Associated Press

HOUSTON -- The U.S. Supreme Court refused Monday to review the case of a Houston-area man condemned for the rape and strangling of a 7-year-old neighborhood girl more than a decade ago.

Eric Nenno, 46, had asked the high court to review last summer's rejection of his appeal to the 5th U.S. Circuit Court of Appeals. He argued the silence of a polygraph examiner after he took the lie detector test improperly coerced him into making an incriminating statement that led to the discovery of the dead girl's body in the attic of his home in Hockley, about 30 miles northwest of Houston.


Details.