Alex Witt   |  April 27, 2013

Possible Dzhokar Tsarnaev was moved from hospital too soon?

Legal Analyst Lisa Green explains the possible legal consequences of Dzhokar Tsarnaev being moved out of the hospital too soon. She breaks down the legal proceedings that are in store for Dzhokar Tsarnaev. 

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This content comes from Closed Captioning that was broadcast along with this program.

>>> the surviving suspect in the boston marathon twin bombings is being treated at a federal prison medical facility, but there are lingering questions surrounding the initial fbi interrogation of dzhokhar tsarnaev. legal analyst lisa green is joining me in d.c. in our studio. with a welcome to you, my friend, i'm awfully glad you're here. he's been moved out of the hospital and into a federal prison medical facility. interpret what's going on there and can they still speak with him under these circumstances?

>> let's talk first about the move to the -- from the hospital to the prison facility which would seem to be something you would do once you had confidence that it's a secure location, of course, and that he gets necessary and appropriate care. i think another factor might well have been his proximity to victims of the bombing in the same hospital, and i think family members were understandably sensitive to that. so now we've moved him away and i think that is sensitive. but, again, the foremost importance here is making sure he's well and in a secure place.

>> is there anything the public defender can do with this and say this wasn't the right move.

>> if it harmed his care, but i think it's fair to say everyone's goal is to make sure he's available for ultimately trial.

>> well, and ultimately available to talk or not because the reports are that once he was mar ran di mirandized there it went.

>> there's a public safety exception that apparently was used to get some initial questioning done. but, you know, even if he's mirandized and he speaks, later on when we get closer to trial, the defense can move to have some of that evidence suppressed. they can say it wasn't really voluntary. he had received his miranda warnings properly, but given the extraordinary circumstances, including his health, that information may not come in. in fact, there's tons of other evidence as we've all --

>> hold on. this can't be a slam dunk case because he allegedly admitted to the bombings, admitted to helping in the killing of officer sean collier of m.i.t. all these things. if he admitted them, that can't be admitted in court?

>> no, no, no. it's a separate thing. let's move the admissions aside for just a minute and look at the bulk of other evidence available to prosecutors in this case. the video evidence. eyewitness testimony . i don't think there's a legal expert who doesn't think, double negative, that this would be an extremely strong case for prosecutors to bring whether there is admissible testimony from the suspect.

>> okay. with regard to eyewitnesses and the like, how important will that be? because aren't eyewitnesses sort of -- it's 20/20. that very brave young man who was at the forefront of i believe it was the second bombing and, you know, he was able to give an eyewitness description.

>> uh-huh.

>> but does that play into the case itself?

>> yeah, it's all building blocks and you're building a case with a lot of different supplies at your disposal, but i think, you know, it does seem to be here, not just eyewitness testimony , but in our amazing 21st century situation where there are cameras everywhere and clear photographic evidence, clear video evidence of where the suspects were at the time of the bombing. i think prosecutors should feel confident they have a lot of information to build a very strong case.

>> i think so. well, we'll have you back and we'll talk more about it in the days to come. thank you, lisa green.