After a suspect is arrested, and after he has been given his Miranda rights, but before he has been arraigned (formally charged) and assigned counsel, the Queens County District Attorney’s Office conducts a videotaped interview with the suspect. During this interview, at which a prosecuting attorney and a detective are present, the detective and the district attorney introduce themselves to the suspect. The detective then informs the suspect of the charges against him. The detective and the district attorney also tell the suspect that they represent the government. If the suspect does not waive his Miranda rights, the interview ends. If the suspect does waive his rights, the detective says the following:
· If you would like us to investigate an alibi, please give us as much information as you can, including the names of any people you were with.
· If your version of the events of the day differs from what we have heard, this is an opportunity, if you so choose, to tell us your story.
· If there is something you should like us to investigate concerning this incident, you must tell us about it now.
· This will be the only opportunity you will have to talk to me prior to your arraignment on these charges.
Does this procedure violate 4.2 (as interpreted by Hammad and cases at 126)? Does it violate Rule 4.3?
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