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cleduc

(653 posts)
38. I don't agree with that firm conclusion
Thu Apr 25, 2013, 07:32 AM
Apr 2013

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.

Recommendations

0 members have recommended this reply (displayed in chronological order):

"Officials who spoke to The AP were close to the investigation but insisted on anonymity" FailureToCommunicate Apr 2013 #1
Must have been on note papers..... Historic NY Apr 2013 #2
I would have to think Gore1FL Apr 2013 #3
Here's the DOJ criminal complaint... msanthrope Apr 2013 #18
A lot of evidence and some eye witness identifications...... Historic NY Apr 2013 #36
This is how to fuck up a prosecution BainsBane Apr 2013 #4
Nonsense. What evidence do you think will be excluded on the basis of no Miranda? nt msanthrope Apr 2013 #6
Nothing he said before Miranda is admissible in court BainsBane Apr 2013 #8
I am pretty sure they got more than enough evidence without a confession. LisaL Apr 2013 #10
You're probably right BainsBane Apr 2013 #12
I'm only guessing, but I would think that the FBI... LanternWaste Apr 2013 #44
So? What evidence--that you now think is excluded---is essential to convict him--i.e. msanthrope Apr 2013 #13
Like I have his file here? BainsBane Apr 2013 #14
Um, dude--the criminal complaint's been online for a few days already..... msanthrope Apr 2013 #17
Thanks. Nt BainsBane Apr 2013 #27
But he can make the same admission after being mirandized. PSPS Apr 2013 #22
Hopefully he did make the statement again. Nt BainsBane Apr 2013 #24
Bullshit. Miranda only covers the time after arrest. eggplant Apr 2013 #30
Obviously BainsBane Apr 2013 #31
I don't agree with that firm conclusion cleduc Apr 2013 #38
I guess we'd need a lawyer or judge to say for sure BainsBane Apr 2013 #39
And the actual transcript of the exhange cleduc Apr 2013 #41
I see BainsBane Apr 2013 #42
I wonder how this will stand up in court? midnight Apr 2013 #5
What evidence do you think will be excluded? Otherwise, it really msanthrope Apr 2013 #7
I'm not sure we can say for sure what the "evidence" is... midnight Apr 2013 #45
of course we can say with the evidence is. the sworn criminal complaint is msanthrope Apr 2013 #48
So sure you are, but I'm not... midnight Apr 2013 #51
Right. I suppose the videos are faked? nt msanthrope Apr 2013 #53
Why do you say this? If you have a link that you think might be helpful, but midnight Apr 2013 #54
The statements may not hold up, but they can question him with a lawyer present davidpdx Apr 2013 #9
The timing of Miranda isn't crucial here, really. ancianita Apr 2013 #21
Yes, that is very true davidpdx Apr 2013 #32
I figure this guy will cooperate fully. delrem Apr 2013 #11
+1 Fearless Apr 2013 #15
When you say 'the law' here, I'm not sure that you're aware of how the law's working here. ancianita Apr 2013 #23
True, people are acting as though he was shipped to Guantanamo and tourtured davidpdx Apr 2013 #55
+2 nt Live and Learn Apr 2013 #35
Look, there is a picture of him with the backpack and jonthebru Apr 2013 #16
Are these the same anonymous officials who have admitted that Dzhokhar was unarmed when arrested? Matilda Apr 2013 #19
You've abandoned Miranda? Brimley Apr 2013 #20
Calm down. There's blood lust politics going on in DC but courts still adhere to law. ancianita Apr 2013 #29
It's not going to matter to his conviction. Ash_F Apr 2013 #25
It doesn't and won't matter. n/t Lil Missy Apr 2013 #26
good move moosewhisperer Apr 2013 #28
Treated as a potential enemy combatant. Big diff. It was the public safety exception that suspended ancianita Apr 2013 #33
I spoke too soon. Investigators are getting a lot out of him, according to the Washington Post. ancianita Apr 2013 #34
Like I said moosewhisperer Apr 2013 #43
Yep. ancianita Apr 2013 #47
No Fly List PADemD Apr 2013 #37
Message auto-removed Name removed Apr 2013 #40
If they interrogated him for the information before Miranda, it could be problematic. Aristus Apr 2013 #46
It's a common misconception, but police don't have to Mirandize any suspect ever. ancianita Apr 2013 #49
I'm not a legal expert. Aristus Apr 2013 #50
Shouldn't be admissable. truebluegreen Apr 2013 #52
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