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WEAVER v. BRENNER

Nos. 662-664, Dockets 93-7383, 93-7429, 93-7491.

40 F.3d 527 (1994)

Bernard H. WEAVER, Jr., Plaintiff-Appellee-Cross-Appellant, v. Robert BRENNER; Beth Gable, also known as Beth Cozzolino, Individually and as Assistant District Attorney for the County of Columbia, Defendants, David W. Harrison, Individually and as Investigator with the Office of the Columbia County District Attorney and as a New York State Police Officer; John J. Holt, Individually and as a New York State Police Investigator; Paul Czajka, Individually and as District Attorney for the County of Columbia, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 26, 1994.

Attorney(s) appearing for the Case

Frank K. Walsh, Asst. Atty. Gen., Albany, NY (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Asst. Atty. Gen., of the State of New York, of counsel), for defendant-appellant John J. Holt.

James A. Resila, Albany, NY (Carter, Conboy, Bardwell, Case, Blackmore & Napierski, of counsel), for defendants-appellants David W. Harrison and Paul Czajka.

Mark T. Walsh, Albany, NY (Michael P. Ravalli, Gleason, Dunn, Walsh & O'Shea, of counsel), for plaintiff-appellee Bernard H. Weaver, Jr.

Before: OAKES, KEARSE, and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

One of the principal issues we deal with on this appeal is what conduct violates the Fifth Amendment. That Amendment safeguards a suspect's right to remain silent. This right is based on the painful lessons of history, among the most prominent of which was the Spanish Inquisition, and it teaches that to be silent is safe and to speak risks betrayal of oneself.

Defendants Paul Czajka, David W. Harrison, and John J. Holt appeal from...

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