People v. Ernest Green

I dissent because I find the reasoning of Justice Levin’s dissent in People v Patterson, 39 Mich App 467, 472; 198 NW2d 175, 178 (1972), more persuasive. In Patterson, supra, the breach of the canons was indirect, namely, failing to prevent the police from questioning a defendant in the absence of his *360attorney. Here, the prosecutor was a direct participant in the preparation for and the conducting of the counselless interview. The effect of the prosecutor’s presence and his influence upon the defendant is inestimable. Of equal uncertainty is whether any statements at all would have been…