A good detective does not necessarily expect a quick confession, but even a superficially exculpatory statement, voluntarily given, can later be used to prosecute if the details of the denial are contradicted by other, more persuasive evidence.
Pugh, however, finds Scrope's exculpatory statements at trial unconvincing, and states that Scrope never pretended that he had intended to inform the King of the conspiracy.
"However, the prosecution is mistaken in its understanding that its obligation to produce to the defense the content of any exculpatory statements by Mr. Mohammed is stayed as well," she wrote.
Sometimes people say exculpatory statements.
"In the face of compelling evidence that the vice president was a very active, sophisticated fund-raiser who knew exactly what he was doing, his own exculpatory statements must not be given undue weight," the memorandum said.
An exculpatory statement was posted by the LSE yesterday, but just three months ago, as we reported here, learned types there huddled to hear the colonel convey thoughts on love and life and Lockerbie via a video link from Tripoli.
The major issues involved the right to silence, the voluntariness of inculpatory statements, and the admissibility of inconsistencies between exculpatory statements given at different times.
"The documents show how officials-some still in key positions-used their role as overseers to cover up evidence of mistreatment, deflect scrutiny by the news media or prepare exculpatory public statements after gathering facts that pointed to substandard care or abuse," The New York Times reported.
"The government is not required to disclose to the defense a witness's exculpatory statement" when the defense already knows what the statement says, Judge Nickerson continued.
The decision by Mr. Starr to specifically exclude Ms. Lewinsky's exculpatory statements and express denials raises grave questions about the fundamental fairness of the Starr referral.