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“No Miranda warning to be given” now, the DOJ official said.
“No Miranda warning to be given” now, the DOJ official said.
Lawyers have already made one potentially critical decision: He hasn't been read his Miranda rights, at least for now. This means that FBI investigators may have a shot at trying to question him about other potential plots he may be aware of and whether anyone other than his deceased brother was involved in last Monday's bombing or Thursday night's crime spree.
But if Tsarnaev's injuries leave him incapacitated for a protracted period of time, the Miranda issue may be of less significance.
As soon as he's coherent, he's likely to go before a judge or magistrate, even in the hospital. The judicial officer will formally advise Tsarnaev of the preliminary charges used to detain him and tell of his right to an attorney, even if investigators haven't done that by then.
On Sunday, Boston Police Commissioner Ed Davis said Tsarnaev was still in stable but serious condition and has not been questioned yet. "He's in no condition to be interrogated at this point in time," Davis said on "Fox News Sunday." "He's progressing, though, and we're monitoring the situation carefully."
One tricky issue now is how prosecutors and the FBI will balance the duty to get Tsarnaev before a judge promptly with their desire to do the initial public-safety interview.
Meanwhile, a host of other questions are already bubbling up, from whether he'll be tried in civilian or military court to whether he'll face the death penalty for crimes that include killing three people in the explosions and a police officer on the MIT campus.
