Squirrel Pops Out of Cleavage - Important Legal Lesson to Be Learned

CNN and other news outlets recently reported on the story of woman who had a squirrel pop out of her cleavage while being interviewed by a police detective in Warren, Ohio.  Click here to see the video.  It sounds like the start of a bad joke or an urban myth of sorts; however, it is true and you can see the video for yourself.   Sadly, the squirrel is better looking than the woman who served as lodging or a carrier for the squirrel.  As the woman was being interviewed by police, the squirrel kept on trying to peak his or her head out of the woman’s undersized top.    Her clothing was undersized in my opinion.  You can be the judge for yourself if the clothing was undersized or appropriate for that matter.  Don’t worry - the video would probably be rated PG - 13 rather than R rated.   

You may then ask the following question:   What does the story of the squirrel popping out of cleavage have anything to do with legal cases, analysis, or representation?   Well, other than being an interesting piece of video that has been viewed by thousands if not millions of people, the squirrel in the cleavage video shows the importance of concentrating on germane or important matters when conducting an investigation into a crime or civil matter.   Many people are odd.  As such, if a woman carries around a squirrel in her top, that is comical but probably less important than what she witnessed as to a crime or a criminal suspect.   In handling legal matters, there are many facts or details that are “squirrels in the cleavage”.  What a client or witness may think is important may not be important as all.   Many facts to a case may be interesting but may amount to a mere “squirrel in the cleavage”.    There is a more popular term that is used in handling legal matters.   The term is “red herring” which is a fact or device used to divert the attention of the audience / jury away from the truth or item of significance.   Many attorneys use red herrings to distract juries from unfavorable facts or details of their case.   Maybe, the term “squirrel in the cleavage” will catch on and replace “red herring”.  Who knows?

In handling legal cases, a personal injury attorney must apply the law to the facts of the case.   Some facts are vital while some are not.  For instance, many people do not realize that there is an Accident Report Privilege in the State of Florida.   In most civil cases involving injuries, neither the police report or the issuance of the citation come in as evidence.   The Florida legislature and courts decided years ago that the police officer should not be judge or jury as to who was at fault for an accident that goes through a civil trial for injuries and / or property damage.  

Details of a person’s prior criminal history also do not typically get admitted in a civil trial.   An attorney can ask if a person has been convicted of a felony or crime involving dishonesty.  If the person answers truthfully, that is typically the extent of questioning allowed on this matter.    If a crime is a misdemeanor or took place a long time ago (10 years or longer), an attorney can typically keep this fact out of the trial completely.   As you can see, attorneys have a duty to keep the facts that are similar to a “squirrel in the cleavage” out to the best of their ability.  

If need a consultation as to any legal matter, please contact me.  If you are carrying a squirrel in your cleavage or other animals on your person, just let me know ahead of time.   Have a happy and safe Fourth of July.