What’s The Legal Path Forward In The Marathon Bombings Case?

BOSTON — Dzhokhar Tsarnaev, 19, is hospitalized in serious condition at Beth Israel Deaconess Medical Center Saturday after his dramatic arrest in Watertown Friday.

Tsarnaev was captured in a boat in a backyard following a day in which most residents in Greater Boston had to stay in their homes while authorities searched for him.

His highly publicized capture will likely mean highly publicized legal proceedings.

WBUR’s Deborah Becker and Bob Oakes spoke with defense attorney Brad Bailey with the law firm Denner Pellegrino, which defends people in legal matters involving the U.S. Department of Defense and Department of Homeland Security.

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  • http://profiles.google.com/barry.kort Barry Kort

    What’s unclear to me is this:

    If the interrogators bypass the Miranda warning under the exception provided by the Patriot Act, does that mean the Prosecution is barred from introducing into evidence anything Jahar discloses in the course of that interrogation?

    Given that there is so much objective evidence anyway, it’s pretty clear the government doesn’t need any self-incriminating confessions to win a conviction.

    What the public really wants to know is the psychology of the circumstances that explains Jahar’s Jekyll-and-Hyde conversion from a likable, friendly, and popular student to a perpetrator of inexplicable violence against the general public.

    Perhaps there is an Equus-like story here that, if properly presented, would flip the public’s attitude from extreme antipathy to moderate empathy. If so, the government would be unlikely to favor the revelation of any such paradigm-shifting story. If that theory is correct, then the government’s best strategy is to exploit the Patriot Act exception to Miranda so as to provide a legal way to keep Jahar’s story under wraps.

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