People v. Flores

Defendant was convicted, after jury trial, of first-degree murder of one man and attempted murder and aggravated battery with a firearm of another man. Defendant properly invoked his right to silence, but that invocation was not scrupulously honored, as detectives did not immediately halt interrogation, but continued to discuss co-defendant's statements and asked Defendant for his side of the story. Thus, any statements made by Defendant to detectives or to ASA, after invocation of right to silence, were inadmissible. MySpace photos were properly admitted to show course of police investigation, as Defendant's identification was linked to those photos, and photos were not used to establish Defendant's guilt. However, captions on photos are prejudicial to Defendant and should be redacted, as State cannot prove who wrote captions, which appear to be bragging about victim's death and could be construed as a confession.(PALMER and REYES, concurring.)