SkewedView
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- Aug 5, 2009
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Exactly. The first two statements, given at 1:45 AM and 5:30 AM could not be used against her, but the statements she made after that, especially her "gift" note, could be used against her and were.
That's correct, the 'gift note' was admissible, while the other statements weren't, because they violated Italian law and her rights under those laws - because she should have been declared a suspect right off and treated accordingly but wasn't. Please note, when I say rights violations, I'm not talking about the whole 'hit on the head, no food, no drink' thing, only that they were obligated to inform her that she was a suspect, supply her with a lawyer, and start recording.
The Italian high court, like those in the US & UK, doesn't just toss statements willy-nilly, they have to have very, very good reasons for doing so, and in this case it was the above. I really don't understand the resistance to the concept of PLE trying a pretty standard trick and getting called on it. It's not like I'm accusing them of waterboarding her!