Legal Question in Criminal Law in California

Proper use of a compelled statement?

In answering your question, I assume thatthe young lady is NOT the defendant who is now charged in a criminal proceeding. ANY personbeing questioned by police has a right to seekcounsel and in the case of a minor, to seeka parent's advice. The question is in whatmanner did she communicate that she wanted tostop the questioning. Now, assuming the above is all accurate,the next question is "Does the witness wishto recant the former statement"? Does she intend to testify differently than the contentof the prior statement. If so, then I wouldimagine that the real question is whether theprosecutor will be able to then place theprevious statement into evidence to "impeach"the witness. The answer is not at all clear, but I believethat an imaginative and well prepared lawyerought to be able to get the prior statementexcluded from evidence if it was, in fact,compelled or involuntary. This is an evolvingarea of the law however, and some people wouldsay that the defendant has no "standing" to raise the rights of the third party to excludethe evidence. Your lawyer needs to do a lot of research on this point. Hint: Look for a case decidedby the Hawaii Supreme Court for help.