Syracuse (CNN/WSYR-TV) -- When Boston bombing suspect Dzhokhar Tsarnaev was captured by police on Friday, he was not told he had the right to remain silent, or the right to an attorney. Authorities chose not to read him his Miranda Rights, but why?
“Police are obligated to advise you of your constitutional right if they want to ask you something…if they want to interrogate you,” explained Criminal Defense Attorney Edward Menkin.
Investigators had every intention of questioning him, but they’re citing public safety exception to Miranda Rights, saying they needed to know if there were any other threats to the public.
The American Civil Liberties Union has expressed concern about timing, saying that exception is not open ended and that he's entitled to be notified of his rights.
Tsarnaev was formally charged on Monday. Menkin says any information he gave up to investigators likely cannot be used at trial, but says he doesn’t think that will jeopardize the case.
“The proof against this young man is simply overwhelming and I don't think it’s going to change the outcome of the trial in the very least. He's only 19, but he's going to be very, very lucky to escape the death penalty in this case,” Menkin continued.
The White House has confirmed that Tsarnaev will be tried in federal court because he is a U.S. citizen. His brother, who didn’t survive a shootout with police, was not, but was living in the U.S. legally.
A probable cause hearing in the case has been scheduled in U.S. District Court on May 30.
Senator Dianne Feinstein says the Senate Intelligence Committee will examine the how the FBI handled the 2011 investigation of Tamerlan Tsaernaev, and if anything then could have helped prevent what happened one week ago.