Ollman Lopez was in jail in Pennsylvania. He was charged with possession and sale of illegal drugs. Detectives from the state of New York went to Pennsylvania and interviewed him in jail. The New York detectives did not make an inquiry as to whether Ollman was represented by an attorney regarding the Pennsylvania criminal charges.
Ollman Waives His Right to Counsel
At the time of the interrogation, Ollman waived his right to have an attorney present. He then made statements which implicated him in a robbery in Staten Island that took place in 2002. A store clerk died during the course of this robbery. Mr. Lopez was convicted in New York state regarding the Staten Island robbery. His attorney appealed. His attorney argued although Ollman did not have an attorney representing concerning on the New York criminal charges, he was already represented by an attorney on the Pennsylvania criminal charges.
Conviction Overturned
The New York Court of Appeals, the highest court in New York, in overturning his conviction, stated a defendant who has an attorney even in an unrelated criminal case can not waive his right to counsel unless the attorney is present to advise him regarding this matter.
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