By Howard Fischer | AZ Capitol Times
The Arizona Supreme Court has ruled that the decision to remain silent, a constitutional right, can, in certain circumstances, be held against someone accused of a crime.
And the key to those who want to protect that right is to refuse to answer any questions at all.
In a unanimous decision Friday, the justices rejected claims by Giovani Melendez that he was entitled to answer only some questions by police when he was arrested. During an interview, Melendez told police the shooting of someone else was self-defense, but declined to respond to other questions.
More to the point, Justice John Lopez, writing for the unanimous court, said there was nothing wrong with prosecutors not only questioning Melendez on the stand about his decision to not answer some of the questions, but then pointing out that fact to jurors who eventually convicted him.
