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Legal analyst on what's next for McCray

Updated: Wednesday, 25 Aug 2010, 11:10 PM EDT
Published : Wednesday, 25 Aug 2010, 5:30 PM EDT

BUFFALO, N.Y. (WIVB) - What's next for Riccardo McCray now that he's in the hands of the law?

News 4 legal analyst Terry Connors weighs in.

Question: What's going on with McCray right now downtown at police headquarters?
Terry: Well, he's going through a lot of different emotions, that's for sure. He's in the custody now, he's in the process. So the police will be trying to talk to him. His lawyer will be trying to negotiate some safeguards before he cooperates, if he does cooperate. And basically, they'll be determining whether or not he changes his role from a person of interest to a central role, a suspect.

Question: If you were his attorney, what would you be telling him right now?
Terry: You know Don, there's a lot of things that go into that equation and it's very difficult. But first and foremost, you want to make sure that his rights are protected, you want to make sure that he understands his entire situation, and that any judgment he makes is a knowing and intelligent judgment keeping in mind the repercussions down the road. You have to really be clairvoyant. You have to project down the road to see what's going to happen. A lot of lawyers wouldn't let him talk at all. Some lawyers might let him cooperate in exchange for some reassurance, some guarantee.

Question: McCray told News 4 he was at the scene at the time of the shooting, but he is not the shooter. What do you think of that?
Terry: Well, let's say his status is a key person of interest because he's a witness, a prime witness who may have some knowledge. That would be a different role, although he's in custody right now. He's handcuffed and he's taken on a more central role.

Question: Police covered his face because they may potentially put McCray into a police lineup. What do you make of that?
Terry: It's very standard, has to be done. The reason is there are potential witnesses out in the community watching TV. If they see the suspect on television before they go to a lineup, there's a chance that that identification in the lineup would be tainted, would be influenced and inadmissible in court. Very important.

Question: Lastly, why did police call McCray a "person of interest" and not a "suspect?"
Terry: You know, that's evolved over the years. It always was someone would be a "subject" or a "target." Now it's changed to "person of interest." The reason that is is it's a much more general category and it covers everybody from witness right up to defendant.

Copyright WIVB.com

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