At Capitol Attack

Guy who confessed to using a stun gun on the neck of Capitol police Officer Mike Fanone's neck loses motion to have the confession quashed.

The tearful confession of a Donald Trmp supporter who drove a stun gun into the neck of a D.C. police officer seized by the mob on Jan. 6 will be admissible at trial, a federal judge ruled Wednesday.

Judge Amy Berman Jackson ruled that the confession of Danny Rodriguez, a rump supporter from California who electroshocked D.C. Metropolitan Police Officer Mike Fanone during the brutal attack on the U.S. Capitol, would be allowed to be introduced as evidence.Judge Jackson said that Rodriguez did not  assert his right to cut off questioning during his interview when FBI special agents asked him about assaulting Fanone.

No reasonable viewer of the video would believe that Rodriguez’s assertion of his rights was unambiguous and unequivocal, and officers weren’t required to cut off questioning, she ruled.“He knew his rights,” Jackson said, noting that Rodriguez was both read his Miranda rights and signed a form acknowledging he knew his rights. “He understood when he waived his rights exactly what the subject of the questioning was going to be.”

Rodriguez’s federal public defenders tried to get his confession tossed, arguing that he wasn’t properly advised of his Miranda rights and that FBI special agents were obliged to cut off questioning when Rodriguez shook his head when asked if he wanted to talk about assaulting an officer.

 

Last edited by Spunky (1/01/2022 5:03 pm)