Cover Story: Right to remain silent

CHARLOTTE, NC (WBTV) - Demeatrius Montgomery, accused of killing two Charlotte-Mecklenburg police officers three years ago will not face the death penalty if convicted.

On Tuesday, his life was saved by an officer investigating his case who threw away his notes.  It's a violation of state law regarding evidence and police procedures.

This is a huge development in a case that's already been crazy.

The accused cop killer is exercising his right to remain silent and stay silent indefinitely.

Montgomery has been silent since his arrest - refuses to say a word - not even to his own lawyers.

PrimeTime's Jeff Atkinson looks at why that's making life tough for just about everyone involved in this case.