We all agreed on that, too, since HB provided an example from an interview with an expert. We know that AK was not legally a suspect until well after she blurted out Patrick's name. Do you have anything more to offer than what we already agree upon?
AK's defence teams have better things to be concerned about than what happened between the time she was doing homework by the elevator and the time at which she legally became a suspect. More important to her appeal will be determining what she did and where she was on the evening of 01 NOV 2007.
Stilicho, I appreciate yours (and Shuttlt's) ability to be open minded on this. I usually just skim Fulcanelli's posts at best, but this really needs to be addressed, because what he is saying can't actually be true, because if it was, the suspect/witness dichotomy in Italian law would be the most, for lack of a better word, retarded law in all of Italy:
"I've tried to explain this many times and you seem to keep ignoring it. A suspect in Italy is not made or designated one on how they are 'treated'. They are not a suspect until they have FORMALLY been made one."
This has been repeated by him several times, and I believe Kermit came in and gave his endorsement. Regardless of the fact that no one asked him to
cite what treatise or statute he was getting it from. My guess is Fulcanelli has it backwards, and it's not when they have "formally been made one", but when they "formally become a suspect". I don't think he is being intentionally dishonest, but it's pretty obvious he has a misunderstanding.
Regardless of what the rule actually states, it's pretty obvious it isn't the former version as Fulcanelli described. Seriously just think of this practically speaking. The law in itself would be self defeating as to its own necessity. Police would just never
formally make you a suspect, and then every problem is solved. I see no credible reason to accept the validity of Fulcanelli's statement on this matter. It would be the most laughable law of all time.
In fact, from Maffei's description, who is actually an Italian lawyer, it seems pretty obvious it's not really that simple. This is moreover substantiated by the fact that Amanda's lawyers, who both have better understandings of Italian law than anyone on this forum, are arguing in her appeal that she was a suspect earlier as well. so it obviously can't be that simple.
In closing on this certain point, the statement: "One is not a suspect until formally made one", is obviously deficient and inaccurate.
Fulcanelli writes:
"Say you're going to get married. You can have been partners for a long time. You can actually regard each other as husband and wife, you can treat each other as husband and wife and do all the things husbands and wives tend to do...you can even be regarded as 'common law' husband and wife. But until you go through a full legal wedding ceremony you are not legally husband and wife...it's not just a personal, social and oft religious designation, it's a legal one. Once legally married, then you are legally entitled to the full rights and responsibilities conferred by the state on married couples."
That's not how common law marriages work at all. One IS
legally married for purposes of dissolution when you have a common law marriage. There is no formalization and yet you are still a legally married couple under the common law. This is basic law school 101. That's why it's called a common law marriage, because you haven't formalized it, but are still considered married. That is how most states who recognize common law marriages, whose common law is derived right from England. When you are legally married without the formal requirements of solemnization, marriage certificate, etc., that is a common law marriage. Ironically, Fulcanelli makes the same inverse mistake as he did in his description of the witness/suspect formalization, which again, if it was the law was as he described it, would be one of the most irrational laws I've ever seen.
So, we definitely have an inaccurate understanding of this law as per Fuclanelli's description. And it is an important aspect of the case since it's being raised on appeal. We can get to the bottom of this, but if we can't admit our understanding of the law here is deficient, then we never will.