Could Charlie Sheen Get Off on a Technicality?

Actor's attorneys claim star wasn't read his Miranda rights before cops questioned him at home; want all statements dismissed from evidence

By Gina Serpe Apr 14, 2010 5:10 PMTags
Charlie SheenJohn Sciulli/Getty Images

Denise, Brooke, Kelly: Plenty of women have tried to help Charlie Sheen out of trouble before. But who would have thought it would be a Miranda that would be the actor's biggest asset?

Sheen's lawyers are hoping she'll be the actor's lucky lady, filing a motion to suppress any incriminating statements the possibly outgoing Two and a Half Men star may have given to Aspen, Colo., police during his Christmas arrest on the grounds that his arresting officers allegedly failed to read him his Miranda rights.

You gotta love a technicality. Especially if you're a star looking down the barrel of a trio of domestic violence charges.

As for the fine print, Sheen's lawyers are claiming that when three uniformed cops entered his Aspen home, he was effectively under police custody (except he wasn't) and as such should have had his rights read to him (especially that one about remaining silent and speed-dialing your attorney) before officers began questioning him about the domestic disturbance with wife Brooke Mueller.

It was at the time, sans lawyer and prior to getting read his rights, and after moving with an officer into his basement, that Sheen—charged under his birth name Carlos Estevez—allegedly began singing like a canary.

"Because a reasonable person in Mr. Estevez's situation would believe that he was not free to leave, Mr. Estevez was clearly in custody at the time he was questioned," the motion reads, adding that as a result none of Sheen's statements should be allowed into evidence.

Doing its best to earn Charlie's cash, his defense team filed several other motions in court last week, including a demand that the prosecution release all versions of Mueller's statement to police—who claim she was initially "not entirely forthcoming regarding the circumstances" and thus would disprove the prosecution's case—and also requested the personnel file of Officer Valerie McFarlane, the policewoman who interviewed Mueller in the aftermath of the skirmish.

Basically, Team Sheen smells corruption and is leaving no stone unturned to undermine the prosecution's case.

McFarlane has since been fired by the Aspen PD, reportedly because she parlayed her position into concert tickets and favorable treatment for a reporter from the Aspen Daily News who was covering the Sheen case. Apparently, video of an interaction between McFarlane and the reporter exists, as taken by the surveillance camera on her patrol car, and the legal team wants nothing more than to get their hands on a copy.

Protecting your sources: You're doing it wrong.

In any case, Sheen's lawyers are clearly working overtime to reach an agreement before the actor is set to stand trial July 21.

—Additional reporting by Aly Weisman

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Judge for yourself whether Charlie Sheen's made a change with a look through our Road to Rehab gallery.