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So what is next year joining us now is criminal defense attorney -- Shalit mr.
Shalit is familiar with cases involving.
Multiple murders he prosecuted son of Sam killer David -- it's.
Thanks so much for being with us I have to think -- among.
The pieces of evidence the most powerful may be.
The day of the -- -- it not only shows the faces of the two suspected bombers.
But the sequence of events leading up to the explosions in particular suspect number two.
Putting down the backpack moments later.
And of course the videotape shows him abandoning.
That exploding device just before the blast pretty powerful evidence -- and it.
Very powerful the police that a fabulous job we should all applaud their efforts.
They did a magnificent job in putting all the pieces together but now they gonna want to question him.
It's been reported that the government is not gonna give him his Miranda rights you know that he has a right to an attorney he can remain silent.
If he can't afford a lawyer they'll point one.
They're not gonna give him his rights they got a question him under an exception for public safety they wanna see who else may be involved.
Who else may have contributed to giving him equipment preparing the bombs.
That's -- -- be the biggest fight in court because his lawyer is gonna contest anything he says they can argue that he should have gotten his warnings.
And been told that he doesn't have to say anything but -- That's reasons are -- not that allow all incriminating statements under the public safety exception true.
Like I would suspect his lawyer's gonna say this is not a terrorist case.
This is a bombing this is that street event there's no evidence that they connected with terrorists they're gonna say he should -- got his Miranda rights well as any other accused criminal.
You don't have -- connected to foreign terrorists in order VH commit an act of terrorism such as Timothy McVeigh did.
In Oklahoma City.
-- that's absolutely correct but.
It you know his lawyers -- not gonna sit by and let everything he says come in sure about contesting the fact that you can get its rights.
Now what about a -- -- the other are exceptions some of the other physical evidence.
There is for example.
The pressure cookers apparently there's an underwriter laboratory serial number that may be embedded.
They could identify.
Who took it to the store and the store that particular store that sold it to an individual.
And then you have circuit -- you got batteries you got wires you have shrapnel ball bearings all of that can it not be traced.
Yes absolutely and you know they're doing it as we talk they're gonna Trace where it was made who sold it to him.
But the key component now wins than anyone else help them.
Is this more than just the two Brothers that's the key issue now to make sure that this group needs to work contained that's the key now.
From a defense standpoint I was talking to congressman Adam Schiff former federal prosecutor and he's on the Intel committee and -- I said look you know Massachusetts has abandoned.
Capital punishment back in 1984 the feds could charge.
Terrorism and seek the death penalty.
Any and I say -- at the right thing to do any sit well depends on.
Whether it was a secondary role.
That suspect number two played and that and if his brother of the older brother was really the leader the designer.
Of this act of terrorism and murder and so forth.
Is that what if you were defending suspect number -- that what you would argue he played a minor role.
Absolutely that's the only way out I mean if he seems to be a primary player.
You think the government will seek the death penalty so his lawyer's gonna say that the dead brother.
Was the key player now and basically point the finger at his brother in terms of who was the most responsible.
And yet on the videotape.
-- is this is suspect number two the nineteen year old Joseph Carr.
You see him deliberately.
What appears to be a -- in a backpack it later explodes and he does so.
Right next to two children.
I mean I can't think of -- more heinous and despicable.
That arguably would merit -- death.
The death penalty.
I think the death penalty is the appropriate penalty if he is convicted.
It seems from the videotapes and what we know they're both equally responsible.
They both participated in this -- horrible event.
And from what we see it doesn't look like -- the leader in -- the follow work they both seem to be in sync.
Acting in concert working together deliberately.
To -- all this happened they're equally responsible from what we know now.
Said the feds could file under terrorism charges -- seek the death finally also the use of a weapon of mass destruction as well.
But then their state jurisdiction on murder charges three murder chargers and attempted murder charges -- 176 people who were who were injured.
Who's got jurisdiction first two tries first.
Well I think they'll be negotiations obviously they'll go with the strongest case.
You would think that the penalty phase will be a major consideration.
If they -- consider the death penalty the feds will take the case.
And they'll be negotiations they're not gonna have a public fight over this.
But they both to prosecute them one after the other but you'd think that if they get the death penalty.
That would suffice.
Oklahoma City was so traumatized the entire state of Oklahoma.
By then McVeigh Terry Nichols.
Terrorist acts in murders that they had to change the venue.
Would you suspect that the same sort of argument would be used by defense attorneys here to move this case out of Boston.
Yes good defense lawyers will do that.
Because Boston was traumatized the most so that will definitely be one of their motions to move the venue but.
This case is getting so much publicity no matter where they go.
It's going to be hard to get a jury that never heard of it.
But -- yes a good lawyer will do that they'll do everything they can to save his life and to -- acquitted get him acquitted that's what defense lawyers are.
I've trained to do.
With a cluster of of physical direct evidence is well a circumstantial evidence.
You know you were you to be representing Joseph -- you you'd sit him -- he talked to him and so forth.
I mean would you encourage him to challenge the prosecution's case and plead not guilty or.
Well if if they offer him a plea where he doesn't get the death penalty he gets life in prison without parole.
That would be his main consideration.
To a take a plea to avoid the death penalty but you don't know -- if this guy is a zealot.
And he's a -- was oriented person who wants the world to hear about.
And why they did this he may want to go to trial and use it as a soapbox.
To talk about his cause.
And the church and events that led him to do this.
But you know prosecutor had on you were -- prosecutor for many years.
Would you ever do a deal.
To save this guy's life.
Me personally know.
If if he did this he deserves the death penalty.
But that's a consideration in terms of jury appeal you -- -- some jurisdictions it's hard to get a jury.
To convict someone who's going to be executed so that's a factor to -- can we win the case.
But what about in exchange for life instead of -- he was a prosecutor which there right you gotta tell me all the people.
Who were involved in this who recruited Jew who radicalized few who trained Jew who -- an accomplice in in teaching you how to.
Construct these pressure cooker bombs and so -- Exactly I wouldn't get a free pass if if I would give him a plea to get life in prison without the death penalty I want him to earn it.
I want to know everybody involved where they got this materials.
Every every aspect of the case I want to know otherwise no deal.
-- -- -- -- first also consult with the family.
But the families of those who lost their lives as well as the other victims.
That's a major aspect of -- you -- wanted to consult with them.
The -- embrace them in terms of what they want to happen and did they they deserve the most consideration -- all.
-- -- veteran attorney thanks so much for Kagan at times -- -- -- all thank you.
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