Lawyer for DeVante Lively Claims Constitutional Rights Were Violated
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DeVante Lively's attorney argues that alleged statements his client made to Irondequoit Police be supressed, saying Lively's constitutional rights may have been violated.
James Nobles says Lively was represented by another attorney when he turned himself in to Rochester Police on March 30th. Since the alleged murder of Larie Butler occurred in Irondequoit, Lively was transfered to Irondequoit Police headquarters.
Nobles argues Irondequoit Police investigator James Frascati questioned Lively knowing Lively had legal representation that was obtained by his mother, and that attorney was not present during their conversations. Nobles says that violates his client's constitutional rights.
"The law's very clear that if a client is represented by counsel that they cannot waive their Miranda rights there after without the counsel being present," Nobles said. "As you know, I wasn't the lawyer at that time, but the law's very clear: once you're represented you cannot waive those rights without your attorney sitting there right next to you, and as you heard in the hearing today that was not the case."
"We feel there's a legal basis for the judge to not supress the evidence and at this point we put forth facts today to support our legal argument," said Kelly Wolford, prosecutor.
State Supreme Court Justice Joseph Valentino says he'll rule on November 7th.
Meanwhile, Lively remains held in the Monroe County Jail.