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Suppression Update II

Issues abound in the suppression hearing I mentioned in earlier posts.

The hearing will resume Thursday with testimony from a lawyer who went to the New Haven Police Station to stop the police interrogation of Clifton Foreman. The lawyer was accompanied by a witness. Police officers are expected to testify they saw no lawyer at the station. Troubling facts that could well yield suppression of vital DNA evidence in the state's rape/kidnapng case against Mr. Foreman.

Against the possibility that the court would suppress the evidence, the state moved for permission to seize new evidence. Permission granted. The Fifth Amendment, as we all recall, is a mere testimonial privilege.

Yesterday officers arrived at the lockup to seize a buccal swab -- a quick Q-tip to the inside of the mouth to snag a few vagrant cells. Mr. Foreman refused to cooperate, wouldn't open his mouth, and didn't let them get a swab.

Back to the drawing board for the state. If it argues on Thursday that Mr. Foreman's refusal should result in some consequence against him, I'll need to be sedate before launching into my own tirade about how the state in this case broke the law without consequences.

I suspect an order of compliance to issue, thus raising the ante in a case in which the stakes are already quite high.