Bennett sounds like he has the luxury of time in a quiet, relatively stress-free environment to calculate hazard ratios and probabilities, unlike most people thrown with little warning into a possibly contentious interrogation.
To be honest, he comes off sounding like a hair-splitting idealist.
As unlikely as it might be, If I ever find myself having to deal with US authorities in a situation involving a criminal case, I think that I'll follow Professor Duane's advice.
By the way, who is this guy that gets to editorialize on Slashdot? Are the Dice suits trying to liven things up?