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Kuhlmann v. Wilson
The Listening Cellmate
The facts
The Defendant was awaiting trial for murder and robbery. New York Police placed the informant Lee in the Defendant's cell and told him to 'keep his ears open' but not to question the Defendant. Lee was to report what the Defendant said voluntarily — not to elicit statements. Without any prompting from Lee, the Defendant told Lee his version of the murder and robbery. When Lee suggested the Defendant's story didn't add up, the Defendant spontaneously revised his account and provided incriminating details that matched the crime scene. Lee simply listened and reported.
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