MovieChat Forums > The Closer (2005) Discussion > cherry bomb

cherry bomb

posted 10 years ago by lisabwp
2 replies | jump to latest

season 4 is probably my favorite, a lot of good episodes. i always liked the cherry bomb episode but there were two things that stood out to me that really really bothered me.

the first is a kinda goof i guess but at the same time its a gigantic one for a cop show. after fritz watches the tape and comments about how he'd just like to arrest them all(the kids), the next scene is brenda's crew going around and arresting them, the 3 friends of yates. i cant remember the charge but i think it was something like accessory after the fact. anyway the next scene is brenda, taylor,daniels and buzz sitting in the comm room talking about how kevin wouldnt talk without a lawyer to which brenda replies "he's a witness not a suspect, he has no right to an attorney" and that that was told to him over and over again. problem: they were all just arrested! of course they have the right to a lawyer. not only that but its said kevin is a minor, they should not only have to get him a lawyer when asked but if he really is only a witness, they should have still got his parents in there with him just in case, esp considering who they were going up against, a high up in the sheriffs dept where once going to trial all their conduct would be heavily scrutinized.

the second is more about behavior. after meeting the 2nd girl that was raped, being introduced to her at school by the principal and offering her a ride home, brenda not only doesnt bring her home, she brings her back to the spot she was raped and practically forces her to talk about the event of that night(when asked where shes going brenda replies "no where fast until i start getting some answers"). one girl who was raped by that guy committed suicide. brenda has no idea what state of mind this girl is in. then she just brings her home and leaves her be until the girl comes to see her. how would brenda feel if this girl went home and killed herself? it just seemed very careless. brenda should have brought her to the station or met her at her home, maybe with a victim advocate that could help get her to talk and help her with it after brenda went back to work. i know in the end this girl was strong enough to come back to brenda and press charges but brendas conduct with her after just meeting her seemed cold and dangerous.

[–] Costumer (1789) 5 years ago

I completely agree on your first paragraph. This has always bothered me. The boys were handcuffed and put into police vehicles. It is disingenuous to say they were not under arrest. Any reasonable person would think they were and, I believe, most courts would agree. The police cannot force someone into a car and take them away without either arresting them or executing a material witness warrant.

Even if they are convinced he is only a witness, he is completely within his right to demand a lawyer before questioning. If he is not under arrest the state doesn't have to supply one, but the witness has the right to require one. He would have to pay for it if he isn't under arrest, but he is still entitled to a lawyer if he demands one.

And if he isn't under arrest or being held under a material witness warrant, he has the right to leave at any time. They cannot force him to stay.

[–] Costumer (1789) 2 years ago

I just rewatched this episode. Its not even ambiguous. All the boys were arrested. Each and everyone was told "You are under arrest." Miranda immediately applies. They were all entitled to a lawyer, either private or a public defender. We know Brenda did it as a ruse to get them to talk, but you can't tell someone they are under arrest and then claim they are not entitled to a lawyer because they are witnesses.

And all of what I wrote above still applies. If the boys say the want a lawyer before they are questioned, arrest or not, they are allowed one.