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In reply to the discussion: Officials: Suspect described plot before Miranda [View all]cleduc
(653 posts)It might turn out that way. We don't have the details on when the public exception expired during their discussions. But if he confessed early on before they had dealt with the public safety concerns, I think he has a real criminal legal problem trying to get that testimony/confession ignored.
Beyond that, from what I've seen in the media, they have a mountain of hard evidence against him.
For example:
- they have recovered a baseball cap and jacket that match what he is accused of wearing in the marathon bombing videos/photos
- they found similar fuses to those used in the marathon bombs in his room
- they found a remote control capable of detonating the marathon bombs in their vehicle in Watertown
- they used a similar pressure cooker bomb against the Watertown police along with pipe bombs that had to be prepared long before the FBI flashed their images on national TV
- in both the MIT police shooting and the original engagement with Watertown police, they assaulted the police (the MIT assault/cop assassination is on video) - the police did not start the assualt against them
- they've recovered some if not all of their guns and therefore, have the ballistics
- they have motive with his brother's religious associations, his mentors, going to Russia, etc
- they have many videos/photos of them executing the bombing and their engagement with police
- they have the brother buying stuff at a fireworks store
- they have the carjacking victim testimony that they confessed to the bombing to him to intimidate him
etc, etc
They have motive, means and opportunity without the Miranda safety exception confession.
So the Miranda debate seems kind of moot to me.
Either this guy offers something of value and chirps or he's facing an execution. Even then, he'd have to offer something of exceptional value to discourage them from not seeking the death penalty.