From the referenced article:
"Prosecutors say investigators asked to arrange for a voluntary interview with Noor and that he declined through his attorney.
Defense attorneys say prosecutors aren't allowed to use that against Noor in court because he has a constitutional right not to make any self-incriminating statements.
But prosecutors argue that they can use a defendant's pre-arrest silence if the defendant was under no government-imposed compulsion to speak.
"In sum, the defendant had a choice on whether to tell his side of the story during a voluntary interview in a non-coercive setting," prosecutor Amy Sweasy wrote. "His decision not to do so is relevant."
So we have a right not to speak, but if we exercise that right, our silence can be used against us. I believe that this defendant needs to be held accountable for his action of killing an innocent person, but this tactic of trying to use a person's silence against them by a prosecutor is troubling to me.