DOOH, PROSYSS, AND KRIMEKOHM-TROWL

Dooh, Prosyss, and Krimekohm-Trowl Law Firm

1234 Portage Avenue
Winnipeg, MB R3C 2A4
October 28, 2016
Merani Murrison
111 Furby Street
Winnipeg, MB R3M 2E5

Dear Ms. Merani Murrison,

You have requested representation of our law firm on charges of robbery and potentially drug
trafficking. We have reviewed the facts and a transcript of the confession you made. A summary
of the relevant facts are as follows:

You were arrested on January 16, 2015 on three charges of robbery

Your boyfriend Mace Sportscaster was arrested the following day in relation one of the

robbery charges
You were interviewed by Constable H. Packer for a duration of eight to nine hours
During the interview, you confessed to the robberies, marijuana trafficking and gave

information regarding location of evidence

Following your statements, police conducted legal searches producing evidence of
culpability

Danielle Morrison

007806074

The issues that are of concern in this case are one, whether the statement you made would be
considered voluntary on the basis on a modern confessions rule; and two, whether your right to
silence, protected by the Charter of Rights and Freedoms was infringed upon.
When considering the issue of whether the confession you made was voluntary or not, the
court will look at whether you made a statement in circumstances that would be considered
oppressive and having an effect on your decision-making ability (or operating mind), and
whether there was any threat or promise made to you (an inducement).
Looking at the circumstances of the environment you were interviewed in, the court will
consider the fact that you were interviewed for a prolonged period of time. In addition to that,
your repeated plea to be taken back to your cell may indicate an oppressive approach to getting a
statement. It is not clear whether you were sleep deprived or not given any food or water, so it is
recommended that you clarify further on the environmental circumstances that you were in
giving the interview.
Further to this, it appears that you were under the impression that if you made a confession,
that you would be able to see your partner, Mace. Constable Packer made it redundantly clear in
the beginning of the interview that he could not make any promises in exchange for your
statement as that would be seen as an inducement. However, upon your assertion that you wanted
to remain silent and be returned to your cell, Constable Packer persisted and further capitalized
on the fact that you were so desperate to see Mace that you most likely would do anything to see
him.
While Packer did not directly state that he was making a promise to you, you at that point
repeatedly asked if whether you gave information that would lead to being reunited with Mace.
Packer eventually confirmed this by stating that it was a start at which point you made a

Danielle Morrison

007806074

statement. The courts will likely see this an inducement, thereby making your statement
involuntary.
The courts have acknowledged that repeated denials of a persons right to silence will make
them feel as if they have no choice but to talk. Therefore, the issue of whether your right to
silence was breached will likely be seen as having occurred to your detriment. In determining
whether a right to silence has been breached, the courts will look at whether the statement you
made was voluntary, in which case it will be argued that it wasnt.
An area of concern that will come up in the courts is a matter of your past history with the
criminal justice system. Given that you have previous charges of stealing cattle, alarming Her
Majesty, and cyber-stalking, the courts may look at this factor and determine that because you
are familiar with the system, that you are more aware of your rights to silence and thus more
capable of making decisions on how much information to share. It is our advice however, that we
focus on highlighting the environmental conditions and implicit promises made that eventually
led to you making a statement as making it involuntary.
Moving forward, these are all factors that need to be considered as we develop your case. If
more information regarding the interview and circumstances that contributed to you making a
statement comes to light for you, please do not hesitate to contact our office. Of course, if you
have questions or concerns, feel free to get in touch.

Best regards,

Dooh, Prosyss, and Krimekohm-Trowl Law Firm

Danielle Morrison, Articling Student

Danielle Morrison

007806074

Danielle Morrison

007806074