Your silence can and will be used against you in the court of law

[Rabid]

The way I read it is that the guy was answering several questions before becoming silent on specific questions he did not want to answer. I believe it was the fact he was voluntarily talking that allowed the entire questioning episode to be admissible in the court case. I believe if he had not answered any questions and immediately asked for his attorney, they could not have used it against him.

Either way, it is just one more example of our loss of the rule of law.

They seem to also be saying if he said "i plead the 5th" for the questions he remained silent to he would have won the appeal. If the evidence was so poor they had to use his silence "aggressively" against him there is a problem with the case. I agree with you this is just more erosion to the Constitution.