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in his own defense, if you are sedated even on a sedation holiday, can you see any circumstance where that could be considered competency? >> absolutely not. and that's why he needs to have a lawyer present. the idea that a lawyer is not there when a judge is talking to him and that the judge is -- if it's happening, is playing this game with the prosecutors of appearing, not warning him of his right to have council, this raises serious problems. this escalates the issue beyond government officials, beyond police officials or fbi officials trying to deny him his rights, to the judiciary denying him his rights if in fact the magistrate didn't warn him of his right to council and didn't really wait until a lawyer was there. the public defender's ready to come into this case. they're 15 minutes away from the hospital. there's no reason why if it's true, now we don't know the facts, a lawyer was not present with him when that magistrate appeared in his hospital room. >> well, let's hope there was one. and for anybody who thinks he doesn't need a lawyer and why should we protect this man's

will determine whether he will get legal counsel. he will get a defense attorney and then therefore, the case proceeds. >> from a federal law enforcement official, being told the suspect is alive. he has unspecified medical needs. we have to see what those are. it could affect whether it's the courthouse or whether you get medical treatment at another site. according to this official, an aggressive sweep of the scene is underway to see if there are explosives on the site. he was taken out of the boat without incident. they are having everything in the area, including the s.w.a.t. team, the bomb teams, the sniffer teams, to make sure they don't have a volatile, dangerous crime scene environment. this suspect is alive, has unspecified medical needs and according to that federal official, an aggressive sweep of that scene under way. >> i can tell you the police officers standing a little bit further down from the block certainly seem a lot more happy right now at this moment. the least tense that we've seen them all day long. no doubt, the city of boston, watertown, all surrounding areas, a lot

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