2 officers arrive on scene. 1st officer's video is running constantly. He mirandizes defendant and gets brief statement. 2nd officer comes back and questions more. During 2nd officer's questioning, 1st officer leaves so you can't hear defendant's statements on his video. 2nd officer's video wasn't working at first but was turned on about halfway through defendant's statement. Miranda is not on his tape. Is statement on 2nd tape admissible?

Fleming v. S., 949 sw2d 876, 979-90 (1st Dist, 1997).