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"There are gigantic challenges to attempting to cleanse concededly coerced statements," he said.
Hamdan was acquitted of the charge to which these coerced statements pertained.
Mr. Ortega's lawyer contended that detectives had coerced statements of guilt from his client.
Those who were arrested were not told the charges against them, but were forced to confess to crimes in coerced statements often hundreds of pages long.
Justice Department officials would not comment on the role of the Office of Legal Counsel in dealing with the issue of coerced statements.
But in a three-page order, Judge Kaplan said that "the government has failed to prove that Abebe's testimony is sufficiently attenuated from Ghailani's coerced statements to permit its receipt in evidence".
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It is unclear whether it was made willingly but North Korea has a history of allegedly coercing statements from detainees.
That's a major (and unfair) advantage for the prosecution, leaving open the possibility of convicting a defendant and sending him to death on the basis of coerced witness statements.
As a result, the military commission prosecutor might "launder" coerced witness statements — by introducing a summary through an official who was not even present at an interrogation, has no knowledge of its circumstances, and thus cannot be effectively cross-examined about them.
His new lawyer, Paul Casteleiro, said that the police had coerced the statement, which he called "absolutely not true".
Defense attorneys argued that two Atlanta police officers coerced the statement by threatening to destroy Lewis's pro football career if he did not cooperate.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com