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Criminal Law-Murder-Admission of Post-Arrest Silence and Jail Phone Calls
Staff Report//May 13, 2026//
Criminal Law-Murder-Admission of Post-Arrest Silence and Jail Phone Calls
Staff Report//May 13, 2026//
Defendant appealed his conviction for second-degree murder and armed criminal action, challenging the trial court’s decision to permit the state to question defendant’s post-arrest silence and to admit recordings of his jail phone calls.
Where defendant testified for the first time at trial that his deceased brother was the perpetrator, the prosecutor’s cross-examination regarding defendant’s failure to come forth with this information for years constituted a reasonable attack on defendant’s credibility rather than an impermissible refence to post-arrest silence.
Judgment is affirmed.
State v. Mock (MLW No. 84770/Case No. Wd87365 – 0 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Jackson County, Round, J. (Jay R. Anielak, Kansas City for appellant) (Wensdai Brooks, Jefferson City for respondent)
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