warnings, there is no need for miranda warnings. >> he did ask a lawyer, didn't he?>> i frankly do not know. >> a few are not aware of the fact that he asked for a lawyer and said he wanted to go to new york? >> i do remember those things. >> he is getting his wish. when did he first get a lawyer? >> i do not know the exact date. t could deal with knowledge the possibility that the judge consistent with what you believe to be sound policy of providing iran their rights would conclude the -- and miranda rights would conclude he was denied his rights and he cannot be prosecuted for the crimes for which you anticipate charging him? >> you have been a judge. i have been a judge. no one can say with any 100% degree of certainty that a judge would not look at a particular set of facts and rule of a particular way. as i look at the facts surrounding the interaction with the detention of him and the evidence we will present, i am very confidence that marion the issues will not be a part of that trial. >-- that miranda issues will not be a part of that trial. >> you have said

traction in congress actually, that members of the military overseas and deployed areas were reading miranda rights to detainees. and i had to write letter after letter to committee chairman after committee chairman say no, members of the military are not reading miranda rights to detainees. that is not the role of the military. and so i think it is important to bring alleged terrorist to justice. i think it is important that certain detainees be brought to justice, but that should not change the role of the military at the outset of the process. >> first of all, back in world war ii, there was a situation of pearl harbor that chief naval operation officer and a jag officer said should the admiral requesting, the navy was honorbound to convene a court-martial. and then under harry truman he said if even one american has done nothing wrong is forced by fear to shut his mind and close his mouth, then all americans are in peril. on may 14 this year, there was a government oversight and formed a committee and deputy attorney general bayh spoke basically rephrasing of harry truman's words with re

you were asked about evidence and if there was miranda rights read or not. could you just go through again this notion that you raise at the beginning that that's one of the considerations that you have when you look at whether you're going to use the military commissions or whether you're going to use article 3 courts. >> yeah. one of the things that we look at, one of the things that we consider is the admissibility evidence. where can we get admitted the evidence necessary to be most successful. that is something that really is important in the determination that i made with regard to the use of article 3 courts concerni concerni concerning sheik muhammad and his four colleagues. the people in the field have been@@@@@@@ ú2 i think that is the other thing we have to remember. the trials we will bring will not only be based on admissions, confessions, but there will be other ways in which we will prove the guilt of the people that we charge. i have discretion and i want to have the maximum use of the tools i have been given by congress and the president in

any of us believe when the interrogators were softening up khalid shaikh mohammed were reading his miranda rights and telling him that he has the right to remain silent. we know that didn't happen. that will create a serious evidentiary road block as far as getting in confessions. >> family members of the 9/11 victims are also deeply divided over the prospect of a civilian trial. some say they're optimistic that justice will be done, but others say bringing the terror suspects to new york will cause unbearable pain. they say a military tribunal is more appropriate. >> bringing khalid shaikh mohammed and putting him in a civilian trial is absolutely the wrong thing to do. by doing this, you are taking his actions out of the realm of being an act of warfare and calling it a crime. this was not a crime. this was far beyond a crime. it's an act of warfare. >> i trust my justice system, and i want them tried home. my son was murdered here. i want to see them go to trial here. and i want to watch it each and every single day. >>> teens on chicago's deadly streets are being asked are neighborhood

when was he read miranda, when he wasn't read miranda?>> lillian glass, what does it smell like to you? obsessed brother-in-law? >> yes, it does, very much so. >> by the way, he's still married to the sister. she had been cell phone stalkered. i know that's not a word. is it likely he was the one that was hacking into her cell phone? >> it's a good possibility. the fact that the behavioral changes were noticed. the people noticed he did have a strange behavior. perhaps the guilt consumed him and perhaps he just had to let it out once and for all. >> very quickly, dr. deutsche, what are they going to look for on that body? >> the smoking gun. any dna evidence, blood, tissue, fibers that may lead to the person who killed her. also cause of death. how was she killed? what was the circumstances of her death? >> a mother of two, ladies and gentlemen, another horrid story. >>> now tonight's "cnn heroes." >>> i'm jewel. two years ago, i had the honor of serving on the blue-ribbon panel that helped select the top ten cnn heroes of 2007. as founde

when was he read miranda, when he wasn't read miranda?e question. >> lillian glass, what does it smell like to you? obsessed brother-in-law? >> yes, it does, very much so. >> by the way, he's still married to the sister. she had been cell phone stalkered. i know that's not a word. is it likely he was the one that was hacking into her cell phone? >> it's a good possibility. the fact that the behavioral changes were noticed. the people noticed he did have a strange behavior. perhaps the guilt consumed him and perhaps he just had to let it out once and for all. >> very quickly, dr. deutsche, what are they going to look for on that body? >> the smoking gun. any dna evidence, blood, tissue, fibers that may lead to the person who killed her. also cause of death. how was she killed? what was the circumstances of her death? >> a mother of two, ladies and gentlemen, another horrid story. >>> now tonight's "cnn heroes." >>> i'm jewel. two years ago, i had the honor of serving on the blue-ribbon panel that helped select the top ten cnn heroes of 200

miranda applies when you are in custody. she was not in custody. she was in her own home.is to avoid prosecution of her, of herself, peter odom? >> it very well could be, nancy. the authorities are no doubt going to use her confession. they're going to try to get her to cooperate against him. and if he's as abusive as people are talking about, that might just happen. >> okay, guys. i'm hearing in my ear we are going live now to our story on little haleigh cummings. insiders in the investigation and the search now say the little girl is definitely dead. take a listen. >> ronald, do you feel that misty is the key to this investigation? >> no, i don't. i think they're barking up the wrong tree. >> i don't believe you. i think you do suspect your ex-wife, soon to be ex-wife's story -- >> i seen the back door open, and then i go in her room and she's gone. and that's all i know. >> here's the back screen door, the one that was propped open with the cinder block. okay? now, if you see, when it closes, it slams, it makes a loud noise. but if you leave this door, this slowly close

and that's hoping they haven't invoked the miranda rights. because once they invoke and say the magic word lawyer the vergds have to stop, as you know. >> out to the lines. mary in wisconsin. >> caller: hi, nancy. >> what's your question, dear? >> caller: god bless you for being the voice for all the little shaniyas who can no longer speak for themselves. my question is does the mother have other kids at snoem home? and if so, she's pregnant now. is somebody going to take that child? i don't think she had ever be able to have children again. and she shouldn't even be able to have contact with children. so i was just wondering if somebody's going to take the baby and -- >> well, mary, all we can really do at this point is pray. but my educated guess is that she will never see freedom again a day in her life. i want to go out to marlaina schiavo. we know that dfacs, department of family and children's services, has been at the home on many occasions. one child was burned badly. they claim that was an accident. we know drugs specifically, either

and that's hoping they haven't invoked the miranda rights. because once they invoke and say the magic word lawyer the investigators have to stop, as you know. >> out to the lines. mary in wisconsin. hi, mary. >> caller: hi, nancy. >> what's your question, dear? >> caller: god bless you for being the voice for all the little shaniyas who can no longer speak for themselves. my question is does the mother have other kids at home? and if so, she's pregnant now. is somebody going to take that child? i don't think she should ever be able to have children again and she shouldn't even be able to have contact with children. so i was just wondering if somebody's going to take the baby and -- >> well, mary, all we can really do at this point is pray. pray. but my educated guess is that she will never see freedom again a day in her life. i want to go out to marlaina schiavo. we know that dfacs, department of family and children's services, has been at the home on many occasions. we know one child was burned badly. they claim that was an accident. we know

these folks were not read their miranda rights.ilent or have a right to a speedy trial. all of these things going to come up in court. this is going to be a mockery of our system here and we're giving them the stage to do that and we're also giving them the stage to mock the victims of september 11th and that's where i have a real problem. they're going to mock the firemen, the police officers and they're going to mock the civilians that were killed. they gave their lives for our country and why are we giving them this platform to do this again? host: onq more call, has to be a quick one. stan t stanton, island. caller: i- lost my two nephews in the tower and i want justice. it's k not about money it's abot justice for the souls that died on 9/11 and idea vote the rest of my life so 9/11 is not a day of volunteerism. that offended me. host: tim brown, tell us what folks if they go to your site what information they can find? guest: 9/11 never forget.uforg. we'll be at foley scare. and we'll have great speakers there and this is the