Miami judge rejects Padilla bids to suppress evidence, statements

[Freddie Stubbs]

Associated Press
A Miami federal judge has rejected alleged al-Qaida operative Jose Padilla's attempt to prevent a jury from hearing statements he made to the FBI shortly before his 2002 arrest and denied an effort to suppress evidence based on allegations that one U.S. informant may have been tortured.

The twin rulings by U.S. Magistrate Judge Stephen Brown marked a victory for federal prosecutors, who last month suffered a setback when another judge threw out one of the main terror charges against Padilla, a former Broward Countyu resident, and his co-defendants.

Brown found that Padilla had not been placed immediately under arrest by the FBI when he arrived at Chicago's O'Hare International Airport in May 2002. Since he was not in official custody, Brown said it was not required for the agents to read him his Miranda constitutional rights before interrogating him.

''Defendant was not restrained at any time, by handcuffs or otherwise. Every effort was made for defendant to be made comfortable, in a non-threatening setting,'' Brown said in his ruling released Friday. ``He was never told that he was not free to go.''

more: http://www.miami.com/mld/miamiherald/15471276.htm

[no_hypocrisy]

1. Padilla's attorneys will appeal it to the circuit court. n/t

[plcdude]

2. ``He was never told that he was not free to go.''

Does anyone else see this as a ridiculous rationale for a ludicrous decision?

[Judi Lynn]

3. Padilla made a mistake by not throwing in with the right terrorists.

Had he blown up an airliner, killing everyone on board, like Cuban "exile" Orlando Bosch, he, too, could get a Presidential administrative pardon, just like the one _{George H. W. Bush} gave to Orlando Bosch, overturning the hard work and judgement of acting U.S. Attorney General, Joe D. Whitley when he barred Orlando Bosch from staying here in an exclusionary proceeding.

Over 30 other countries had REFUSED to take this mass murderer, but good old _Bush decided he was the salt of the earth, got him that pardon, at _Jeb's insistance, and now he lives in Miami, free as a bird, unlike Jose Padilla.



Orlando Bosch Avila