07/17/2007
Washington Supreme Court Holds Saliva Used by Suspected Murderer to Seal Envelope Not Subject to Attorney- Client Privilege; Fact That Police Posed as Attorneys to Obtain DNA Evidence Held Irrelevant
State of Washington v. John Nicholas Athan, ___P.3d___, 2007 WL 1365301 (Wa. Sup. Ct. 2007)

Brief Summary

Twenty years after the murder of a 13-year-old girl, the Seattle police sent a letter to the lead suspect, posing as a law firm seeking to represent the suspect in a class action involving parking tickets. The suspect signed the enclosure and returned it to the “firm.” The police then performed a DNA test on the saliva used to seal the envelope and used this evidence to assist in the successful prosecution of the suspect for second degree murder. On appeal, the Washington Supreme Court held that the saliva was not a “communication” protected by the attorney-client privilege; that the ruse used by the police did not violate the defendant’s constitutional rights to privacy or due process; and that the conviction should be upheld.
Hinshaws Lawyers for the ProfessionSM Alert can also be viewed at http://www.lawyeringlaw.com
See All Articles