Dzhokhar Tsarnaev Jury Trial - discussion *GUILTY*

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Judge gives Dzokhar Tsarnaev team time to study FBI interview on Waltham slays

October 08, 2018

"A federal judge is giving Dzhokhar Tsarnaev’s appellate team one week to review a videotaped interview the FBI conducted with Ibragim Todashev days before he was shot dead by an agent after allegedly confessing he and the Boston Marathon bomber’s older brother had brutally butchered three men in Waltham.

According to a court filing by the U.S. Department of Justice, the video recording was made on May 16, 2013 — six days before Todashev’s death. The filing does not address the interview’s relevance to Tsarnaev’s bid for a new trial or whether his lawyers will also have access to any notes or recordings from an interview Todashev was engaged in with FBI Special Agent Aaron McFarlane, state police Sgt. Curtis Cinelli and trooper Joel Gagne. During that interview on May 22, 2013, authorities allege, Todashev, 27, charged McFarlane and Cinelli in his Orlando apartment with a 5-foot pole and was fatally shot by McFarlane...

Appellate Judge Juan R. Torruella has set extraordinarily tight security measures for the viewing party, which is set to begin Oct. 15 at the John Joseph Moakley United States Courthouse in South Boston....

Tsarnaev’s argument for a new trial and for sparing him a federal execution is due Nov. 19."

Judge gives Dzokhar Tsarnaev team time to study FBI interview on Waltham slays
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Watch: FBI interview of convicted marathon bomber Dzhokhar Tsarnaev released

Oct 21, 2018

"The defense is seeking to suppress all statements Tsarnaev made to law enforcement while he at the hospital, claiming it violated his due process rights."

FBI interview of convicted marathon bomber Dzhokhar Tsarnaev released
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Boston Marathon Bomber Hospital Notes Released As Part Of Appeal
He asks multiple times about his brother, writing "Where is my bro?" and, "do you have my bro?" notes from a spiral bound notebook show.

October 22, 2018

"...Monday, newly released court documents offered a previously unseen window into what happened the days following the capture of the surviving Boston Marathon bomber, Dzhokhar Tsarnaev, then 19.

After he captured on April 19, he was interrogated from his hospital bed where, unable to talk because of gunshot wounds to his head, face and throat, he wrote his responses to federal agents in a spiral-bound notebook.

Documents filed in federal court this week as part of his appeal include 79 pages of notes he wrote from his hospital room at Beth Israel Deaconess Medical Center in the two days following his capture. He was charged with the bombing on April 22. ...
He told investigators that he and his brother acted alone. He also wrote about the American presence in Afghanistan and Iraq.

"American is at war is it not? I did what is necessary. My people are dying,'' he wrote. "We're at war my friend ... Where are your troops? Are you not killing innocent people in Afghan, Iraq?"

He wrote that both he and his brother expected to die as a result of the attack...."

Boston Marathon Bomber Hospital Notes Released As Part Of Appeal
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Marathon Bomber Dzhokhar Tsarnaev Interrogation Notes

"The 79 pages of handwritten notes were just released and paint a picture of Tsarnaev during his interrogation after the marathon bombing."

Marathon Bomber Dzhokhar Tsarnaev Interrogation Notes
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Dzhokhar Tsarnaev's attorneys want more time on appeal

October 23, 2018

"Dzhokhar Tsarnaev's lawyers want more time to present his opening argument for a new trial, explaining the appellate brief will span several hundred pages and raise 17 issues, including "multiple errors" in how the Boston Marathon bomber's jury was selected and the use of his hospital-bed confession to secure evidence against him.

The document is currently due to be filed Nov. 19 in the U.S. Court of Appeals in South Boston.

The public defenders yesterday moved for an extension to Dec. 19...."

Dzhokhar Tsarnaev's attorneys want more time on appeal
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Kazakh Friend Of Boston Bomber Released From U.S. Prison

October 29, 2018

"A Kazakh acquaintance of Boston Marathon bomber Dzhokhar Tsarnaev has been released from a U.S. prison after serving more than five years for obstruction of justice.

Kazakh Foreign Ministry spokesman Aibek Smadiyarov told reporters in Astana on October 29 that Dias Kadyrbaev arrived in Kazakhstan on October 24.

Kadyrbaev and two other friends of Tsarnaev, Azamat Tazhayakov and Robel Kidane Phillipos, were sentenced in 2015 for removing items from his dorm room at the University of Massachusetts Dartmouth after the Boston Marathon bombing on April 15, 2013....

The three acquaintances removed Tsarnaev's laptop computer and a backpack that reportedly was filled with fireworks that could have been used as evidence of bomb-making activities...."

Kazakh Friend Of Boston Bomber Released From U.S. Prison
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Dias Kadyrbayev, friend of Boston Marathon bomber, deported to Kazakhstan
A 24-year-old man who was convicted in June 2015 for concealing criminal evidence for his college friend, Boston Marathon bomber Dzhokhar Tsarnaev, was deported to his native Kazakhstan, federal immigration officials announced Thursday.

Dias Muratovich Kadyrbayev was removed on Oct. 23. Immigration and Customs Enforcement said to Fox News in a statement: "Kadyrbayev departed the U.S. by commercial air on Oct. 23 and was released from ICE custody on Oct. 24 at the Almaty International Airport, in Almaty, Kazakhstan, without incident."
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more...
 
Boston Marathon bomber Dzhokhar Tsarnaev offered to help prosecution in exchange for his life

Nov. 21, 2018

"Boston Marathon bomber Dzhokhar Tsarnaev wanted to plead guilty and help the prosecution in exchange for life imprisonment, court documents unsealed Wednesday reveal.

But prosecutors did not make a deal, and Tsarnaev was convicted at trial and sentenced to death for the 2013 bombing, which killed three people and injured hundreds.

According to a document released Wednesday, Tsarnaev "offered to provide certain kinds of cooperation and assistance, in the course of plea negotiations."...

Prosecutors say in the documents that the bomber's attorneys wanted to introduce statements Tsarnaev made that he didn't want to kill "innocents."

Ultimately, news of a possible plea wasn't made public until the day of Tsarnaev's sentencing in April 2015. His willingness to cooperate, however, was not revealed until Wednesday...."

Marathon bomber offered to aid prosecution in exchange for his life
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Boston Marathon bomber Dzhokhar Tsarnaev demanded a lawyer multiple times during hospital interrogation and tried to cut a deal for his life by cooperating, court documents reveal

22 November 2018

"The case being built by the appellate team working to reverse the death penalty sentence for Boston Marathon bomber Dzhokhar Tsarnaev is coming to light

Recently released court documents have confirmed that Tsarnaev repeatedly asked for a lawyer during his hospital-bed interrogations

Legal counsel that arrived to offer their services were turned away by FBI agents and informed they would be assigned when a complaint was signed

Tsarnaev was interrogated for 15 hours on April 21 and 22 without legal counsel despite the complaint being signed the evening of the 21st..."

Boston Marathon bomber Dzhokhar Tsarnaev demanded a lawyer multiple times during first interrogation | Daily Mail Online
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Classmate of Boston Marathon bomber Dzhokhar Tsarnaev said he'd testify on link to Waltham murders

Nov 23, 2018

"A college classmate of Dzhokhar Tsarnaev, one of the two Boston Marathon bombers, said he'd be willing to testify about Tsarnaev knowing about his older brother's involvement in an unsolved triple murder.

The Boston Globe reports that Dias Kadyrbayev, who attended UMass Dartmouth with Dzhokhar Tsarnaev, said that Dzhokhar told him in 2012 that his older brother Tamerlan Tsarnaev "committed jihad" in Waltham.

Kadyrbayev pleaded guilty to conspiracy and obstruction charges stemming from the 2013 Boston Marathon bombing investigation. He attempted to toss Dzhokhar Tsarnaev's backpack with fireworks powder and hide Tsarnaev's laptop computer....

The Globe on Friday reported on unsealed court documents that show Kadyrbayev was willing to testify for prosecutors about Dzhokhar's knowledge of his older brother's involvement in the triple homicide in Waltham...."

Classmate of Boston Marathon bomber Dzhokhar Tsarnaev said he'd testify on link to Waltham murders
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Listen: Court Documents Reveal New Information About The Tsarnaev Trial (08:31)

November 26, 2018

"Hundreds of new court documents from the Tsarnaev trial have been released as Dzhokhar's lawyers prepare to file his appeal next month. We look at what new information has been revealed, and what the documents tell us about Tsarnaev's upcoming appeal.

Guest
Laurel Sweet, Boston Herald reporter...

This segment aired on November 26, 2018."

Court Documents Reveal New Information About The Tsarnaev Trial
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For Dzhokhar Tsarnaev, TV lineup’s better than basic

November 26, 2018

"Boston Marathon bomber Dzhokhar Tsarnaev has the outside world “piped into his cell” through a TV offering 50 channels of TV programming while awaiting execution at a prison dubbed the “Alcatraz of the Rockies,” according to newly unsealed court documents....

In the days leading up to a federal jury’s verdicts that Tsarnaev be put to death for terrorism and murder, incensed prosecutors were fighting behind closed doors to show jurors that life in solitary confinement at the Supermax penitentiary was not crueler than lethal injection.

Describing the facility in Florence, Colo., in the most austere terms, Tsarnaev defender David Bruck had assured the panel his client’s view of the world would be limited to a sliver of windowpane exposing only the sky above a hellacious and barren landscape.

Later, Assistant U.S. Attorney William Weinreb protested to U.S. District Court Judge George A. O’Toole Jr. during a private lobby conference, “He will not be blocked from view of the outside world because it will be piped into his cell through a screen.”

Prosecutor Steven Mellin chimed in, “There are 50 channels of DirecTV that’s piped into their room along with music as well, so the inmate controls all of that. They can watch whatever television stations they want. They can watch educational training, they can watch videos that are ... to workouts like yoga or something.”

Ultimately, O’Toole allowed John Oliver, the USP Florence complex warden, to testify that inmates watch “prison programming.” The judge warned Mellin to stop there...."

For Dzhokhar Tsarnaev, TV lineup’s better than basic
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Court: Dzhokhar Tsarnaev witnesses were trapped by media ‘frenzy’

November 27, 2018

"A caravan of Dzhokhar Tsarnaev’s Russian relatives who were briefly paroled into the United States to testify in his defense became a wild sideshow of the condemned Boston Marathon bomber’s trial — and were used as grounds for his lawyers to demand an immediate retrial in a different city.Newly released court filings detail how less than two months after Tsarnaev, 25, was formally sentenced to execution in June 2015, his defense team took to task what it decried was the “prejudicial” and “unsafe” media circus that hunted his aunts and cousins with cameras, helicopters and one attempt to “infiltrate” their Revere hotel during a live radio broadcast.

In addition, “The FBI reported to us that it had been made aware of threats to the witnesses,” declared Debra Garvey, an investigator for the Federal Public Defender system, in a previously sealed sworn statement to U.S. District Court Judge George A. O’Toole Jr.

The court’s refusal from the outset to move Tsarnaev’s trial away from the city where he and his late brother killed three race spectators and injured hundreds others with pressurecooker bombs on Patriots Day 2013 will figure prominently in his first appeal brief due Dec. 19, based on advance filings.

It is not yet clear whether Tsarnaev’s relatives — five women, ages 35 to 65 — ultimately will be included in the defense’s argument to the U.S. Court of Appeals demanding a new trial.

Garvey described their visit to America as “humiliating, stressful, and distracting to their preparation to testify.”

She suggested they were subjected to “hotel arrest.”..."

Court: Dzhokhar Tsarnaev witnesses were trapped by media ‘frenzy’
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Dzhokhar Tsarnaev’s lawyers focusing on jurors’ screening answers

November 30, 2018

"Dzhokhar Tsarnaev’s appellate team is focusing on include screening questionnaires that were filled out by two of the 18 jurors seated for his trial, an update on his pending appeal states.

“Appellant’s Opening Brief will include jury-selection claims that must heavily rely on the contents of the questionnaires of two seated jurors,” the report reads.

Attorneys David Patton, Clifford Gardner and Gail Johnson do not detail the potential problem in the status report filed yesterday in the U.S. Court of Appeals, nor do they specify whether the two were among six alternates or 12 deliberating jurors who condemned Tsarnaev to death for bombing the 2013 Boston Marathon.

The lawyers are on schedule to meet the appeals court’s Dec. 19 deadline for filing their opening brief. However, they expressed concern that U.S. District Court Judge George A. O’Toole Jr., who presided over Tsarnaev’s 2015 terrorism trial, had not ruled on their requests to unseal copies of all 18 seated jurors’ responses to the 100 screening questions....

The legal team is hoping to persuade appellate justices to overturn the 25-year-old’s death sentence and grant him a new trial."

Dzhokhar Tsarnaev’s lawyers focusing on jurors’ screening answers
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Marathon bombing survivors dreaded testifying close to Tsarnaev at trial, documents say

"Surviving victims of the Boston Marathon bombings dreaded the prospect of testifying steps away from Dzhokhar Tsarnaev, during the 2015 trial of the reviled killer, according to newly released court documents.

The victims’ fears on the eve of trial were reported by Steven D. Mellin, one of the federal prosecutors who ultimately secured a death sentence for Tsarnaev, during a closed lobby conference in US District Court in Boston.

A transcript of the conference on March 2, 2015 was among the many case documents recently unsealed by court order.
Mellin told Judge George A. O’Toole Jr. that “a few of the victims are very concerned by the presence of the defendant so close to them and the proximity of the defendant to them while they’re testifying.”

Mellin added that witnesses “will be probably four to five feet from the defendant. They were very concerned about their safety, their security, and also, the fact that they are understandably very sensitive to the fact that the defendant will be right next to them while they’re testifying.”

He asked O’Toole if “there’s something that can be done to try to either relocate the defendant or relocate those witnesses so that they are able to give their testimony without the defendant being literally just beyond their arms’ reach.”

O’Toole said it was unlikely.

“Well, I don’t think so, is the short answer,” O’Toole said. “There’s a lot of different competing considerations to how we set up, and I think it — I understand what you’re saying. I just don’t think there’s any — I’ll give it some thought, I guess, but my initial reaction is it’s unavoidable. He’s going to be present in the room someplace with them.”

Mellin suggested repositioning Tsarnaev when victims testified, in an effort to move him slightly farther away from the witness stand.

“Your Honor, I appreciate that he has to be present, it’s just that in this layout, he is incredibly close, and that’s just something that — you know, I don’t know if you could move the defendant and have him sit where [defense lawyer] Mr. Bruck is sitting,” Mellin said. “I’m not sure if the marshals would be okay with that. But we would suggest that there be some change in the way in which this courtroom is currently set up for these witnesses. Because I can tell you, they were very much intimidated by — and fearful of walking into this courtroom with that defendant being so close to them.”...

The newly unsealed documents also revealed occasional discussions the parties had about logistics in Dzhokhar’s trial, in light of the intense media coverage...."

Surviving victims of Boston Marathon bombing feared testifying close to Tsarnaev at trial, documents say - The Boston Globe
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Seriously, INMO, terrorists who bomb civilians should be considered dangerous enemy combatants, and treated as such, with far less rights and protections by the law. No appeals.

I have zero tolerance for terrorism.
 
Judge nixes Tsarnaev play to make public 1,355 sensitive juror questionnaires
O’Toole cites “chilling effect” on future trials

December 6, 2018

"Dzhokhar Tsarnaev’s appellate lawyers have lost their bid to make public the sensitive screening questionnaires of 1,355 residents who were summonsed as prospective jurors for the Boston Marathon bomber’s 2015 terrorism trial, but not picked to serve.

U.S. District Court Judge George A. O’Toole Jr., who presided over the six-month proceedings that culminated with the former University of Massachusetts Dartmouth student being condemned to death, ruled this afternoon he refuses to unseal what he said are 38,000 pages of 140,000 answers handwritten by ordinary citizens sent home with the belief their anonymity and honesty would be protected.

“Protecting jurors’ legitimate privacy interests strengthens the justice system,” O’Toole wrote in his decision. “A prospective juror summoned for service who is aware that intimate and identifiable information about former jurors has been spread online and in the press might expectedly be reluctant to be candid when asked in voir dire to provide personal information. This sort of chilling effect would implicate – and perhaps jeopardize – a future defendant’s Sixth Amendment right to a fair trial.”

In addition to any biases they held toward Tsarnaev, 25, or how terrorists should be dealt with in general, prospective jurors were required to disclose any mental-health or addiction issues they or their family members had experienced....

With the questionnaire debate resolved, Tsarnaev’s legal team has two weeks to file their opening brief in support of vacating his death sentence and remanding his case for a new trial, per order of the U.S. Court of Appeals for the First Circuit in Boston."

Judge nixes Tsarnaev play to make public 1,355 sensitive juror questionnaires
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Did any of his victims have an opportunity to appeal?

He is trying to lay all of the blame on his brother. Sorry buddy, you could have easily reported your brother before you both killed people.
 
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