I am wondering if because one might say torture was used to extract information, do the kidnappers walk ? Is any evidence admissible ?
Or is it that since Tess is alive and well and able to testify proof does not depend on anything said in the hospital room ? So if they had killed Tess would they walk ?
I'm bettin that nothing said by the driver in the hospital could be used but Tess could testify and get them all. If she was dead, I bet they could get the two at the farm to confess or turn on each other, they weren't too bright. Maybe just being at the same remote place as the body would have been enough.
shareDo you think the toe shooting would ever be brought up by anyone if this was a true story? How much can the FBI and Secret Service hide? And who would care if the guy lost a toe, as long as they got the Former First Lady back? I think the kidnappers would just disappear and no one would be the wiser or care. How many others are wisked away?
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yeah, the agent guy in the hospital said it would be inadmissable (i think) but the fact that they caught them with Tess, that the guy showed where tess was and that Tess could testify would be more than enough to send them to jail.
"I lurk"- Angel in Buffy
But if Tess was dead, the mere fact of finding her body would have been inadmissible, wouldn't it ? I mean, a search based on testimony gotten by torture would be without "reasonable cause" and therefore inadmissible, right ?
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In many jurisdictions, including federal, toe-shooting would produce evidence that could only be admissible if toe-less takes the stand and lies (rebuttal evidence). However, the argument could be made that Earl's burns would've led them to the same conclusion, eventually, and Earl, his sister and brother in law could still be prosecuted. A judge would have to be convinced that the burns would've led inevitably to Earl's arrest. It's a 50/50 shot.
Still, with the guy's toe being shot off, it's likely there'd be no prosecution of either Earl or Cage's character.
Just to mention, Doug could not have cared less whether it could be used in court or not, he just wanted Tess back. I think he made that clear when all through the movie he is completely by the book, until she's kidnapped. Then the book gets thrown out the window.
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Actually, I don't think Tess could testify. She is "fruit of the poisonous tree" they wouldn't have found her if Doug hadn't shot Earl, so ANY evidence from that might not be allowed.
All typos are hereby blamed on my iPad.
My question would be: who's going to testify? The Secret Service agent who did it? The FBI Agent who is looking at the highlight of his career going out the window? Or the chauffer who just admitted to kidnapping and conspiracy to commit murder if they didn't get to her in time?
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