Terrorist Attack at Boston Marathon #12

[time]

...the government has set an October 31 deadline for prosecutors to recommend to US Attorney General Eric Holder whether they will seek the death penalty in Tsarnaev’s case.

...The problem with this argument is that Attorney General Holder’s decision to try Tsarnaev capitally, or not, will dictate the shape of the trial from the get-go, not just at a future sentencing hearing. If Holder decides in favor of a capital case, only jurors who are morally in favor of using capital punishment in certain situations will be selected for the jury. Then the trial itself will be bifurcated; in the first half, lawyers will present arguments about Tsarnaev’s guilt, and if he is found guilty, then there will be a second, separate part of the trial in which lawyers make arguments to the jury for and against recommending the death penalty.

In rare cases, even after the attorney general decides on a capital trial, the defense can strike a last-minute deal with prosecutors, in which a suspect can plead guilty in return for avoiding the death penalty. That’s the agreement Tsarnaev attorney Judy Clarke came to when she was defending Ted Kaczynski, otherwise known as the Unabomber, who pleaded guilty in exchange for a life sentence without parole.

But the government also argued that even in the case of mitigation, according to the law they are only compelled to release the names of witnesses, not records of interviews with them. Quoting a previous ruling to prove their point, the prosecution wrote, “Once the Defendants are aware of the existence of such witnesses, the Defendants may attempt to interview them to ascertain the substance of their prospective testimony, or subpoena them if the Government does not intend to call them as witnesses at trial.”

http://www.bostonmagazine.com/news/...erview-means-dzhokhar-tsarnaev-death-penalty/

 

[Tennlyn]

Congrats to Boston on your World Series Championship! :Banane35:

http://abcnews.go.com/US/fans-flock-boston-marathon-finish-line-celebrate-red/story?id=20736732
" Red Sox slugger David Ortiz addressed the jubilant crowd at Fenway Park, just as he did days after the bombings. "This is for you, Boston. You guys deserve it," Ortiz said after he was named World Series MVP. "We've been through a lot this year and this is for all of you and all those families who struggled." "

 

[BostonMom]

At the Boston Marathon finish line the duck boats paused and the World Series trophy draped with a 617 Boston Strong T-shirt was placed on the ground by players Jonny Gomes and Jarrod Saltalamacchia, as "God Bless America" was sung following a moment of silence.

Read more: http://www.wcvb.com/news/sports/Emo.../22770062/-/jkwtox/-/index.html#ixzz2jWB1CMbB

 

[Kimberlyd125]

For those who insist DT didn't write a confession (because it was impossible, how did he have a pen, he didn't have the strength...) on the boat that day, this should put that to rest. His attorneys are admitting he did it....

http://news.msn.com/crime-justice/boston-bomb-suspect-scrawled-messages-expecting-death

The messages that accused Boston Marathon bomber Dzhokhar Tsarnaev wrote on the inside walls of the boat he hid in during a police manhunt four days after the attack were intended to explain his actions should he die, his lawyers argued.

The notes also included "we Muslims are one body, you hurt one you hurt us all" and "stop killing our innocent people and we will stop."

 

[time]

For those who insist DT didn't write a confession (because it was impossible, how did he have a pen, he didn't have the strength...) on the boat that day, this should put that to rest. His attorneys are admitting he did it....

http://news.msn.com/crime-justice/boston-bomb-suspect-scrawled-messages-expecting-death

The messages that accused Boston Marathon bomber Dzhokhar Tsarnaev wrote on the inside walls of the boat he hid in during a police manhunt four days after the attack were intended to explain his actions should he die, his lawyers argued.

The notes also included "we Muslims are one body, you hurt one you hurt us all" and "stop killing our innocent people and we will stop."

Yeah, I don't think he is claiming he didn't do it. But to move on to what is more interesting is the competing claims (I assume) of whether it is simply an explanation of his actions or if he 'thought' it would also spark others/incite more violence. They are arguing that it didn't directly call for "others to take up arms".

"On their face, Mr. Tsarnaev's alleged words simply state the motive for his actions, a declaration in anticipation of his own death. There is no express call for others to take up arms," the 20-year-old defendant's lawyers said.

I also find this interesting an interesting contradiction...

"While the government may view these words as an implied 'clarion call' to other would-be radicals ... it was law enforcement that originally leaked existence of the alleged boat writings to the press and it is the government that continues to broadcast the 'clarion' by repeating, emphasizing, and attributing inspirational significance to these words," the filing said.

 

[LambChop]

For those who insist DT didn't write a confession (because it was impossible, how did he have a pen, he didn't have the strength...) on the boat that day, this should put that to rest. His attorneys are admitting he did it....

http://news.msn.com/crime-justice/boston-bomb-suspect-scrawled-messages-expecting-death

The messages that accused Boston Marathon bomber Dzhokhar Tsarnaev wrote on the inside walls of the boat he hid in during a police manhunt four days after the attack were intended to explain his actions should he die, his lawyers argued.

The notes also included "we Muslims are one body, you hurt one you hurt us all" and "stop killing our innocent people and we will stop."

Didn't he write it in his own blood? I seem to remember someone saying he had written something in blood inside the boat. Anyone remember?

 

[i.b.nora]

Massachusetts State Police sergeant who leaked Dzhokhar Tsarnaev photos retires
Wednesday, November 6, 2013
(Published in print: Wednesday, November 6, 2013)

re: Sgt. Sean Murphy

"BOSTON (AP) — A Massachusetts State Police photographer who leaked dramatic photos of the bloodied Boston Marathon bombing suspect during his capture has retired, just days after he was disciplined for his actions, the agency said Tuesday."

+

"Murphy retired Friday after internal charges against him were upheld — including unauthorized dissemination of information, insubordination, unsatisfactory performance and violation of departmental rules and regulation, state police spokesman David Procopio said."

+

His lawyer, Leonard Kesten, said he was not forced out of the police force.

"“Everything is over. ... He has his time in,” Kesten said. “He is getting a full pension, and he’s decided to move on.”"

And another article here:

Sgt. Sean Murphy Retires from Massachusetts State Police
Murphy, the tactical photographer who released dramatic photos of the Dzhokhar Tsarnaev manhunt, retires after 25 years with the force.

By John Wolfson | Boston Daily | November 5, 2013 2:31 pm

"… Sgt. Sean Murphy has retired from the Massachusetts State Police.

As part of a negotiated agreement, Murphy has also signed off on five disciplinary charges that were brought against him for the unauthorized release of the photos: violation of rules; unbecoming conduct; unsatisfactory performance; insubordination; and dissemination of information.

Under the agreement, Murphy waived his right to contest the charges before a trial board; was docked five of the vacation days he’d accrued; and received an honorable discharge. “I think it’s fair,” he told me this morning. “It could have been much worse.” His retirement, which comes after 25 years with the State Police, is effective Nov. 1."

More...

 

[Kimberlyd125]

Didn't he write it in his own blood? I seem to remember someone saying he had written something in blood inside the boat. Anyone remember?

I don't remember how he wrote it. I don't know if I ever heard.

I just know a lot of people thought LE made it up.

 

[i.b.nora]

Tsarnaev lawyers’ motion hints at declaration
By Milton J. Valencia | GLOBE STAFF NOVEMBER 05, 2013

"But the defense attorneys argued there is no evidence that he has tried or would try to send a message inspiring others. They also argue that the restrictions unduly limit his ability to communicate with others, specifically the defense team.

Defense lawyers, for instance, have had to clear materials they show Tsarnaev with prosecutors, a rule they say interferes with attorney-client privilege."

Astounding!!!

 

[time]

Tsarnaev lawyers’ motion hints at declaration
By Milton J. Valencia | GLOBE STAFF NOVEMBER 05, 2013

"But the defense attorneys argued there is no evidence that he has tried or would try to send a message inspiring others. They also argue that the restrictions unduly limit his ability to communicate with others, specifically the defense team.

Defense lawyers, for instance, have had to clear materials they show Tsarnaev with prosecutors, a rule they say interferes with attorney-client privilege."

Astounding!!!

I can see restrictions, but not if they limit his ability to communicate with his defense team ....

But the defense attorneys argued there is no evidence that he has tried or would try to send a message inspiring others. They also argue that the restrictions unduly limit his ability to communicate with others, specifically the defense team.

I wish we knew more specifics about what is being restricted.

 

[time]

Didn't he write it in his own blood? I seem to remember someone saying he had written something in blood inside the boat. Anyone remember?

"Dzhokhar Tsarnaev wrote in pen on boat wall..."

http://www.cbsnews.com/8301-505263_...naev-left-note-in-boat-he-hid-in-sources-say/

 

[LambChop]

"Dzhokhar Tsarnaev wrote in pen on boat wall..."

http://www.cbsnews.com/8301-505263_...naev-left-note-in-boat-he-hid-in-sources-say/

Okay, thanks. No need to shout though, I can hear you. LOL That could be why I didn't hear anything further on it.

You have to wonder if Dzhokhar believes that attacking one Muslim is the same as attacking all Muslims than how do they justify a Muslim killing another Muslim? It certainly does happen. Maybe while he is in prison he'll have a chance to study history. jmo

 

[Blondie in Spokane]

'Boston bombing survivor who lost both legs in the blast shows off her inspiring recovery as she ROCK CLIMBS in her new prosthetics'

Read more: http://www.dailymail.co.uk/news/art...OCK-CLIMBS-new-prosthetics.html#ixzz2jwZD8YKy

 

[Blondie in Spokane]

'Trooper who leaked Boston Marathon bombing suspect photos retires but insists he 'was absolutely not forced out'

http://www.dailymail.co.uk/news/art...-Marathon-bombing-suspect-photos-retires.html

 

[danzn16]

'Trooper who leaked Boston Marathon bombing suspect photos retires but insists he 'was absolutely not forced out'

http://www.dailymail.co.uk/news/art...-Marathon-bombing-suspect-photos-retires.html

But yet in his interview with CNN he said he would still be working, that he would not have retired if it wasn't for this. Sounds like he was forced to me. Either retire or get fired is what it sounds like


Sent from my iPhone using Tapatalk

 

[time]

Hundreds of witness statements from teachers, neighbors, classmates and friends of Tsarnaev, 20, that the public defenders have been given by the U.S. Attorney’s office apply “only to witnesses at the periphery of Mr. Tsarnaev’s life and the allegations against him, while the government continues to withhold reports and testimony of the greatest utility and interest concerning those closest to Mr. Tsarnaev, including his parents, siblings. sister-in-law and other family members,” the defense said in a motion filed this morning in U.S. District Court to compel the discovery.

The document also states, “The defense believes that documents concerning numerous law enforcement interviews of witnesses in the categories identified by the government for ‘voluntary’ disclosure ... still have not been produced.”

http://bostonherald.com/news_opinio...yers_seek_witness_statements_from_prosecutors

Tsarnaev attorneys petition for fewer restrictions
Nov 5

One item the lawyers argued for was the ability to discuss points of the case among their investigators, paralegals, and mitigation experts.

“It is impossible to imagine all of the circumstances in which the defense team will need to use or share information obtained from Mr. Tsarnaev and it would be a gross violation of defense autonomy, confidentiality, and work product to seek pre-approval from the government in every such instance,” Tsarnaev’s lawyers wrote regarding one point. “The restrictions on defense ‘dissemination’ of information are unconstitutionally restrictive and vague.”

In an affidavit attached to the filing, one of Tsarnaev’s lawyers stated that during a prison visit he was forbidden to show Tsarnaev photographs related to preparing his defense because they contained images of family members, which he is barred from seeing.

A hearing on this motion is scheduled for Nov. 12 in U.S. District Court in Boston.

http://bostonherald.com/news_opinio...aev_attorneys_petition_for_fewer_restrictions

 

[i.b.nora]

"In an affidavit attached to the filing, one of Tsarnaev’s lawyers stated that during a prison visit he was forbidden to show Tsarnaev photographs related to preparing his defense because they contained images of family members, which he is barred from seeing."

What are the Feds afraid of?

 

[time]

"In an affidavit attached to the filing, one of Tsarnaev’s lawyers stated that during a prison visit he was forbidden to show Tsarnaev photographs related to preparing his defense because they contained images of family members, which he is barred from seeing."

What are the Feds afraid of?

Saw this referenced somewhere ... the document is very informative.

http://www.scribd.com/doc/172838284/Dzhokhar-Tsarnaev-Defense-Motion

[FONT=verdana, arial, helvetica, sans-serif]Defense Motion, footnote 8

This is not merely a theoretical concern. For example, in early September, BOP personnel atFMC Devens prohibited defense counsel from showing photographs, some of which depicted family members, to Mr. Tsarnaev. After initial discussions between the government and defense counsel, the government maintained that family photographs were "non-legal materials." Ex. C.

After further consultations, the government reconsidered its position and acknowledged that family photographs could be shown "as long as they are related to his defense."

​

[/FONT]

 

[i.b.nora]

Saw this referenced somewhere ... the document is very informative.

http://www.scribd.com/doc/172838284/Dzhokhar-Tsarnaev-Defense-Motion

[FONT=verdana, arial, helvetica, sans-serif]Defense Motion, footnote 8

This is not merely a theoretical concern. For example, in early September, BOP personnel atFMC Devens prohibited defense counsel from showing photographs, some of which depicted family members, to Mr. Tsarnaev. After initial discussions between the government and defense counsel, the government maintained that family photographs were "non-legal materials." Ex. C.

After further consultations, the government reconsidered its position and acknowledged that family photographs could be shown "as long as they are related to his defense."

​

[/FONT]

I agree, the document is very informative and interesting.

I can only say that the SAMs (all of them) seem draconian to me. I am not a lawyer nor do i know alot about the ins and outs of law but, I do know about the concept of fairness. The Feds seem to be acting in an unfair and possibly unconstitutional manner. They seem to be just piling it on without due process. They (Carmen Ortiz, US Attorney) had better proceed carefully, imo.

I don't want to take the time right now to research Ms Ortiz thoroughly but just using Wikipedia as a starting place to get an overview she has made a number of controversial decisions. For instance, she is the one who went after Aaron Swartz, the JStor thief who later committed suicide.

Thanks for the link to the document.

 

[time]

Yeah, I don't know... still reading up on SAMs. Wiki is a good place to start.

This whole article is interesting, but just an excerpt:

In his motion, Tsarnaev begins by challenging the Attorney General’s determination that the SAMs are “reasonably necessary.” He argues that the government has alleged neither that he has engaged in dangerous behavior since his arrest nor that there are others at large whom he could instruct to engage in criminal activities. As to the obstruction of justice claims raised by the Attorney General, he denies the government’s contention that he attempted to destroy evidence prior to his arrest. Tsarnaev also maintains that the government has failed to link his alleged “jihadist” views to a risk of death or serious bodily injury that would justify the SAMs.

Next, Tsarnaev claims that § 501.3 does not authorize restrictions on his attorneys. Under his interpretation of the regulation, only § 501.3(d) allows any limitations on attorney-client communications, and that provision requires an additional finding “that reasonable suspicion exists to believe that a particular inmate may use communications with attorneys or their agents to further or facilitate acts of terrorism.” Moreover, in Tsarnaev’s view, even that provision does not authorize restrictions on his attorneys outside of the prison where he is detained.

BBM - I think the difficult part for the govt is showing that DT is connected directly to something larger when the bombing occurred although he does seem to have a large group of followers now? I wonder if there is any significance to the timing - they didn't ask for such restrictions until 4 months after he was captured.

Attorney General's SAM letter is attached and here is the Oct 30 article about the govt response from the same author above.

As to the motion’s merits, the government rejects Tsarnaev’s claim that the SAMs are not “reasonably necessary” as required by 28 C.F.R. § 501.3. The key issue here is timing. Although Tsarnaev emphasizes that he has not engaged in dangerous behavior since his arrest, the government responds that the proper inquiry is what Tsarnaev did before his arrest. Under this retrospective approach, prosecutors argue, “Tsarnaev’s avowed wish to incite others to engage in violent jihad, coupled with his world-wide notoriety, his previous use of others to assist him in his own crimes, and his successful use of terrorist tradecraft to avoid detection, create a substantial risk of public harm absent reasonable restrictions on his ability to communicate with others.”

The government then considers Tsarnaev’s argument that the restrictions on his attorneys are invalid because only § 501.3(d) allows for limitations on attorney-client communications and the Attorney General did not make an additional finding required by that provision. The government responds that it has neither requested nor implemented any monitoring of Tsarnaev’s attorney-client communications. Instead, the sole restriction on Tsarnaev’s attorneys is that they may disclose information from communications with Tsarnaev to third parties only for the purpose of preparing his defense. In the United States’ view, § 501.3(a), not § 501.3(d), governs limitations on Tsarnaev’s communications—and authorizes the restraint on dissemination. Thus, the government insists that the restriction is valid based on the Attorney General’s existing findings.