Saturday, April 26, 2008

A Civilian Court Would Never Admit Evidence Gained Through A Coerced Statement

From Lawyer fears 9/11 mastermind trial will be 'insanity' By Kelli Arena and Carol Cratty:

Prescott Prince is a small-town lawyer who has never taken a death penalty case to trial. Yet he finds himself involved in one of the biggest capital punishment cases this century: He's defending the alleged mastermind of the September 11 terror attacks, Khalid Sheikh Mohammed.

He readily acknowledges how his client is perceived as "one of the most reviled people" in the world. But he says it's imperative that America give Mohammed a fair trial, just like anyone else accused of a crime.

No civilian court, he says, would accept confessions obtained after a defendant was mistreated. But the CIA admits Mohammed was waterboarded, a controversial interrogation technique that involves simulated drowning.

"I take the position that this is mock execution. ... Colloquially speaking, at least it's torture," Prince said.

The fact that whatever Mohammed said during such duress could be used at trial is alarming to Prince.

"That's not the rule of law. That's just insanity."

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