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On earth do we get this? how do i get around this?" and she just said they're truthful without thinking, without planning. she said, "they're all true. i just got some of the sequences wrong." so okay. >> reporter: that, said futerman, is because cara was in shock and had been questioned on and off for nearly ten hours. >> it's certainly a very logical explanation for some inconsistencies in this sequence of events. >> reporter: still so many stories. maybe, thought futerman, he could find a way to reduce the number of cara's stories a future jury would hear. remember that deputy who failed to...

>> i told the jury, the police are going to lie to you. lie as when the deputy said he read cara her rights in the patrol car, said futerman. >> reporter: the deputy originally said it was during the first 15 minutes, then he changed his story. >> and he said, i no longer read miranda within 15 minutes. i read it in an hour and ten minutes later. >> and she wasn't facing a camera at that point? >> correct. >> reporter: futerman charged that the deputy changed his story after he found out that lucinda the lip reader had been analyzing cara's words. the deputy said no, he just refreshed his memo...

Constitution applies to persons in the united states. it does not exclude illegal immigrants and does not limited to us citizens. he is entitled to miranda rights and a statement or confession is illegally obtained without any miranda warning then it should be excluded and is inadmissible. >> look at the timeline when we are told miranda rights were read to him and you can see he was arrested at 11:30 p.m. and 6 hours later, more than 6 hours later at 5:50 a.m. the miranda rights are read. what does the timeline say to you? >> even the prosecution conceded that part of the evidence collected d...

Do so. >> harris: miranda, so very basic. how often is it that it goes wrong and what happened that went wrong in this case? >> as a prosecutor, it do. and sometimes they forget. sometimes they do it incorrectly. >> harris: do we know what the case was here? >> apparently, i don't know if it was a translation issue or not, but they got through half of the miranda warning and not the kicker which is that this is used against you. there is some suggestion from the defense that that was withheld, because they tried to suggest that if he confessed it was going to help him. that is obviously not th...

Got about 1,000 calls for help in the overnight hours. just think about that. 1,000 calls for help. the city of beaumont had more than 200 water rescues. we know miranda warning water rescues are still under way. we know the houston fire department is also bringing resources to help people as well. a local opt in winnie, texas had to be evacuated. several patients taken to a nearby nursing home because of the rushing waters. it is still unfolding, several more inches in the forecast throughout the morning, we may get a break this afternoon but parts of texas could see more of the remnants of t...