Posted on 04/24/2013 12:01:55 PM PDT by RummyChick
Dzhokhar Tsarnaev admitted to authorities Sunday that he and his brother were behind the Marathon bombings, according to a senior law enforcement official.
Tsarnaev made his admissions to FBI agents who interviewed him at Beth Israel Deaconess Medical Center, where he is being treated for multiple gunshot wounds. He had not yet been given a Miranda warning.
Tsarnaev’s attorneys are certain to challenge the legal admissibility of those admissions, and other information he gave them, such as claiming that he and his brothers acted alone, and that his brother was radicalized in an extreme form of Islam in part because he opposed US actions in Iraq and Afghanistan.
(Excerpt) Read more at bostonglobe.com ...
Exactly. This guy isn't going anywhere. The older brother might would refuse to plead out so he could grandstand at trial. The kid, I suspect, would be willing (at some point) to take a plea and cooperate in exchange for taking the death penalty off the table. Not sure if the government is feeling charitable or really needs anything from him at this point though.
Holder wants to greatly expand the public safety exemption to Miranda warnings.
Including questioning about things that have nothing to do with public safety.
http://www.guardian.co.uk/commentisfree/2013/apr/20/boston-marathon-dzhokhar-tsarnaev-mirnada-rights
“”There may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government’s interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation.””
The statements may not be inadmissable. Anything the suspect says is admissible, regardless of Miranda, if the statement is made freely and not as part of direct questioning by law enforcement. If somebody is placed in custody and then starts spouting off, there is no requirement for officers to stop him to read him his rights.
And it was taped?
” A judge for the US District Court for the Eastern District of Michigan [official website] ruled [case materials] Thursday that statements made by Nigerian national Umar Farouk Abdulmutallab [BBC profile; JURIST news archive] while in the hospital following his alleged attempt to detonate a bomb on Northwest Airlines Flight 253 are admissible. Abdulmutallab argued that the conduct of the FBI agents was coercive because they interviewed him while under the effects of painkillers [text, PDF] and did not give him Miranda warnings. The government responded that Abdulmutallab’s statements were voluntary [text, PDF] because the fact that an individual was on painkillers alone does not necessitate a finding of involuntariness and there was no evidence of any type of coercive conduct by the FBI agents. The government further argued that the lack of Miranda warnings was justified by the fact that Abdulmutallab claimed that he was trained by al Qaeda and the agents feared that an immediate interview was necessary to ascertain whether there were other imminent attacks planned”
..........................................................................Senior police official said authorities are not worried about the initial admission to authorities being thrown out, because they have a strong witness: the man who was abducted by the Tsarnaev brothers last Thursday night.
According to the official,... the bombers repeatedly told the carjack victim that they were going to New York, which is why they used his ATM card at various locations: they needed cash for the trip.
” The death penalty has been shown over and over to be more expensive to use than to imprison someone in prison for the rest of his life. This is because the cost of prosecution goes up exponentially in capital cases, then the appeals process is lengthy and again extremely expensive.
I personally think that the cost of capital punishment is too much to bear from both a fiscal and a moral standpoint.
Furthermore, I think being 19 and looking forward to a long life inside a prison cell living with animals is infinitely more punishment than being given the respite of death.
(From @RanBirkins ... Former sex crimes and homicides prosector. Commenting on thread)..I agreee.
Hey, outrage is dynamic
It didn’t take long to execute McVeigh
This isn't Perry Mason....Someone out of the blue isn't going to jump up in court and say they did it.
Only 1 admitted it
http://www.dailymail.co.uk/news/article-2313132/Did-hear-Boston-Marathon-explosion-I-did-Chilling-words-bomber-carjacking-victim-said-spared-wasnt-American.html
And if the witness is killed by another terrorist cell member...then what.
Harken back to the days when the mafia was about the worst thing we faced. instead of jihadists..they killed off witnesses.
“You have a confused, drugged, shot in the throat, scared kid whose brother gave him a backpack and he had no idea what was in it and was terrorized into admitting guilt - which can’t be admitted anyway...
Yeah, it could play that way”
______
And so begins a media and legal circus the likes of which hasn’t been seen in quite a while.
Yeah, but it's hard to argue against that 0% recidivism rate.
You have the right to confront your accuser.
It’s called cross examination.
A lot of liberals believe that his motives (hating America, hating Christianity) were actually valid motives. It would not surprise me in the least if a jury lets him off with some sort of temporary insanity plea, or some sort of “justified” Jihad claim or something. We’re reaching that point where liberals are actually seeing this sort of action against the “Old white men” or “crazy Christian wing-nuts” as justifiable.
So now someone says....well, he was in such poor condition........Does the reading of his Miranda rights even hold up??
But that's not the point....he is not the best evidence of his crime...It's not like everyone has bomb making components and pressure cookers in their residence and car, bullet holes in their bodies...
“Damn right it will hold up in court.”
I guess you don’t know much about the 6th Amendment.
There is a little important clause in the 6th Amendment that you should want the court to adhere to if you ever find yourself in a criminal prosecution.
For those that just like to make stuff up....
You might want to read the SCOTUS cased based on a Massachusetts appeal
http://www.law.cornell.edu/supct/html/07-591.ZS.html
“Under Crawford, a witness’s testimony against a defendant is inadmissible unless the witness appears at trial or, if the witness is unavailable, the defendant had a prior opportunity for cross-examination. 541 U. S., at 54.”
‘His, (the hostage) cell phone was still in the car’ and police were able to determine its location by pinging signal to it....The car was tracked to Watertown where after a fierce gun=battle Tamberland was captured.
Read more: http://www.dailymail.co.uk/news/article-2313132/Did-hear-Boston-Marathon-explosion-I-did-Chilling-words-bomber-carjacking-victim-said-spared-wasnt-American.html#ixzz2RPigwfVi
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Too dang funny...undone by a hostage cell phone.
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