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HEADNOTE Darris Alaric Ware v. State of Maryland, No. 2103, September Term, 2004 FIFTH AMENDMENT; INVOCATION OF RIGHT TO SILENCE; EVIDENCE. In this double murder case, appellant's silence during interrogation in response to police comment that the police could be compassionate was not an invocation of the right to silence; it was a non-answer to a non question. Therefore, the court did not err in admitting testimony as to appellant's silence. However, appellant's silence when asked about the location of his gun was an invocation of his Fifth Amendment right. Although the court erred in admitting that evidence, the error was harmless beyond a reasonable doubt. PRE-SENTENCE REPORT; MD. CODE,

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