On Jan . 29 Judge Sand issued a brief ruling from the bench finding the statements admissible, saying he would follow with a more detailed opinion.
However, if a person makes a statement before there is time to administer a caution, the statement remains admissible if the caution is then administered as soon as possible.
The suspects all repudiated the confessions later, but in a pivotal victory for the prosecution, Justice Thomas B. Galligan, who presided at two trials in the case in 1990, ruled the incriminating statements admissible as evidence, rejecting defense lawyers' contentions that they had been obtained by detectives with "subtle pressures".
The suspects all repudiated their confessions later, but the judge in the case, Thomas B. Galligan, ruled that the statements were admissible.
But Judge Edmunds found that the statements were admissible anyway because federal authorities had cause to fear an additional, imminent threat, creating an exception to the requirement for such Miranda warnings.
On Thursday, Crawford County Court of Common Pleas Judge Mark Stevens ruled that the statements are admissible in evidence.
When they do not, the bright-line rule of Miranda should not apply, and the statement should be admissible as long as it is not compelled".
Despite the flaws in the rights form, the judge said the defendants ultimately were advised of their rights orally by their interrogators, and waived those rights, rendering their statements admissible.
When jurors are presented with evidence regarding an online form Clementi filled out requesting a new room on the university's website, only the statement Clementi made requesting the room is admissible, but not the reason why.
