Did the lack of a defense lawyer at the lineup violate Cook's right to counsel because suspicion had focused on him as the killer and he had asked for counsel?
Joseph Lloyd Cook was sentenced to death for a murder committed in the course of a robbery of two elderly people for whom he did yard work. The killing occurred on July 9. At about 6:00 that day, Cook arrived at his brother's house driving the victims' white pickup truck, with the victims' large stereo speakers, which Cook sold to his brother for $150. On July 13 police administered Miranda warnings to Cook; he asked for counsel after hearing his rights but none was appointed and the interrogation ceased. Witnesses Gina and Cruz Wilcox identified Cook as the man they saw standing next to a white pickup truck in front of their house on July 10, 1992, about a half-mile from Cook's residence. Gina Wilcox had selected Cook's photo from a photo book. Cook was kept in custody on a parole hold. A live lineup was held on July 22. No defense counsel was present. By that day no criminal complaint had yet been filed. The prosecutor was in the process of deciding whether to charge Cook with a capital crime. Police decided to hold the live lineup without the prosecutor's knowledge. At the lineup Cruz Wilcox selected Cook as the man standing beside the victims' truck. At the time of the lineup, law enforcement officers were still investigating the case and gathering evidence. A criminal complaint was filed later the same day.
What will be an ideal response?
NO
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