Wednesday, November 5, 2014

Exciting Developments in Tsarnaev Case

"The government has no evidence that Tamerlan Tsarnaev actually participated in the Walham murders."

On October 20, 2014, Tsarnaev's most recent status conference hearing took place. Seven demonstrators spoke to the flock of reporters reminding them about their legal obligation to promote the presumption of innocence.

"I haven't seen any actual evidence against [the Tsarnaev brothers]. I mean I've seen circumstantial evidence. Nothing that actually links them to [the bombings]," stated demonstrator Arina Montag.

Elena Teyer is the mother in law of Ibrahim Todashev, who was shot 7 times in his Florida home by Boston FBI in May of 2013. Elena drove for three days, sleeping in her car in order to be present at this demonstration. Her brave diligence was noted.

Associated Press' Denise Lavoie reported, "Elena Teyer held a placard with photos of son-in-law Ibragim Todashev. 'I am dead because I knew Tsarnaevs. I knew the truth,' the sign read in part."

"'We are all here for justice,' said Teyer, pointing to Ibrahim's autopsy photos, explaining what she believes to be holes and inconsistencies in law enforcement's account of Todashev's death," reported Morgan Rousseau in the Boston Metro.

"They came from Boston to kill my son-in-law. I know that for sure."

Elena mentioned to reporters the email between FBI agents after they killed her daughter's husband. It says, "Good work. A job well done." It did not say, "Well that turned uglier than we had planned." The email congratulated the FBI team for their success! This can only mean that they were sent from Boston to Orlando to murder the potential witness.

Meanwhile, inside the courthouse, defending attorneys complained of media leaks. In particular, a recent Newsweek article by Michelle McPhee, entitled "Twisted Sisters," painted a negatively biased picture of the Tsarnaev family. It was Islamophobic and contained a number of factual errors. McPhee's article states that she was tipped off by a high ranking law enforcement official. McPhee is also the source of other weird stories related to the Boston Marathon bombing like "the note in the boat."

This is very serious, because the TV version of events is extremely absent from the actual court proceedings but heavily weighs the jury's mindset against the defendant. Four days after the courthouse protest, on October 24, attorneys filed three very interesting documents: Tsarnaev's defense team filed their Third Motion for a Hearing to Address Leaks by Law Enforcement, and a Memorandum Regarding Scheduling, which addresses government intimidation of witnesses. The government filed its opposition to Tsarnaev's Fourth Motion to Compel [Discovery].

Tsarnaev's motion to address leaks "requests that the Court hold a hearing, and direct government counsel to produce the supervising law enforcement officers with access to information about this case including both federal and state supervising agents or officers - to testify about their instructions and efforts to investigate and stop unauthorized communications with news media."

The next illuminating document discusses government intimidation of witnesses. The defense argues that they are not legally obligated to disclose the names of Jahar's friends, as the government demands.

"Defense counsel have described the unusual and severe obstacles they have

encountered in their efforts to interview and secure testimony from potential witnesses who knew the defendant, Tamerlan Tsarnaev, and other members of his family prior to April 15, 2013... A substantial part of these difficulties stems from the aggressive, persistent and pervasive law enforcement presence in the lives of many potential defense witnesses, and the atmosphere of fear and intimidation that has necessarily followed. This problem, and the consequent slowing of the pace of the defense mitigation investigation, was one of the reasons why defense counsel sought a continuance of the trial date to September 2015..."

"These same concerns make it impossible for the defense to voluntarily agree to disclose to the government the names of non-expert witnesses long before they are to be called. Given the virtual certainty that the FBI will descend on each of the non-expert witnesses to interview them (and in most cases, to re-interview them), the defendant has a well-founded concern that in the very unusual context of this case, defense witnesses whose identities are disclosed to the government prior to trial will quickly cease to be defense witnesses. For this reason, the defense does not agree to a witness disclosure requirement that is not mandated by statute or rule."

In the government's response to defense requests for more information about Todashev's alleged confession regarding the triple homicide in 2011, in order to avoid having to hand over any evidence to the defense, US prosecutors now suddenly admit:

"The government has no evidence that Tamerlan Tsarnaev actually participated in the Walham murders."

J.M. Lawrence, who writes for Bloomberg and the Boston Globe, tweets: "If US 'has no evidence' Tamerlan murdered 3 in Waltham, was the Todashev 'confession' in FL false? Lots of unanswered questions."

The Todashev confession news leak also came from, surprise! McPhee. Government prosecutors mentioned Ibrahim's confession in an earlier court filing as fact. This is a common practice in shady politics: leak news report, then refer to news report in legal case. But if Todashev is now suddenly considered innocent, why did he write a blood-stained confession note?

1,000 potential jurors will be screened for Tsarnaev's trial, District Judge George O'Toole said at Monday's hearing. The process of picking the 12 jurors and six alternates who will hear the case against Tsarnaev is expected to begin on November 3, 2014.

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