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Gillum v. Commonwealth8/26/2004
silence" and improperly admitted.
The disclosure at trial of voluntary statements that do not equate to a comment on silence or a comment on requests for counsel while made under no official compulsion to speak does not implicate the Fifth Amendment privilege. Some of Appellant's statements were denials of guilt and were clearly admissible. Other statements are either unintelligible or assertions of other constitutional rights. Perhaps _Id. at 283. " Wade v. Commonwealth , Ky., 724 S.W.2d 207 (1986) (holding a post arrest oral statement voluntarily given to police in which a suspect offers an alibi which tends to exonerate him does not enjoy constitutional protection against self-incrimination because it is a waiver of the right to remain silent as to the subject matter of the statement).
some such statements should have been excluded, but under the evidence as a whole and as analyzed hereinabove, any error was harmless beyond a reasonable doubt.
For the foregoing reasons, Appellant's conviction is affirmed.
All concur.
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