State v. Flores (Concurrence)

Summary

Justice McDonald, joined by Justice Ecker, concurred in the court's conclusion that the defendant's unrecorded custodial statement was admissible under the existing statutory framework because the state proved voluntariness and reliability by a preponderance of the evidence. The concurrence criticized that framework as providing largely illusory protection when police fail to record or preserve an interrogation and urged the legislature to require clear and convincing evidence, jury instructions, or other remedial safeguards. The concurrence did not dispute the trial court's factual findings or the result in this case.