We suppress the confession of the fourteen-year-old
adoptive daughter of F.D., who committed an act of fellatio upon
F.D.'s four-year-old grandson, because in incorrectly explaining
the daughter's Miranda rights and in participating in her
interrogation, F.D. placed the interests of her grandson ahead
of the interests of her daughter. We suggest that in
circumstances in which a parent has a conflict of interest
arising from a familial relationship to both the alleged
juvenile perpetrator and victim, an attorney represent the
juvenile during any custodial interrogation.
Chase Smith assistant editor
