Federal Witness Paid $66K to Incriminate Stephen Silva

Our America: Guilt by association in Boston Bombing Case.


According to court records filed Wednesday, September 10, 2014, an unnamed cooperating witness was paid more than $66,000 for his assistance in creating a federal case against Stephen Silva, 21, an immigrant from Cape Verde. Silva is charged with distribution of heroin and possession of an unregistered firearm "linked to" the shooting of MIT police officer Sean Collier shortly after the Boston Marathon bombings.

Silva's long time girlfriend Aisha told New Trend that "all of these charges against him ARE RIDICULOUS and untrue. He should not be punished just because him and Jahar went to the same high school. They are individuals and should take responsibility for their own actions. THERE SHOULD NOT BE GUILT BY ASSOCIATION.

"I know for a fact what the media is reporting is UNTRUE and not the real Stephen. Therefore, I will stand by Stephen's side through this," she insisted.

Stephen Silva, who was arrested in November 2013 but not charged until July 15, 2014, pled "Not Guilty" in front of weeping onlookers as he was arraigned last month in federal court in Boston. His twin brother with a similar name, Steven Silva, who converted to Islam at age 16, also attended Cambridge Rindge and Latin high school along with accused Boston bomber Dzhokhar Tsarnaev. He knew Dias Kadyrbayev and Azamat Tazhayakov at UMass Dartmouth, who are charged in federal court with interfering with the bombing investigation, and Robel Phillipos, who is charged with lying to investigators. Like all Jahar's friends, Silva has not been charged with knowing anything about the bombings. So why is testimony against him so important??

"The witness has received approximately $66,000 from the government for the witness's involvement in the Silva case and other investigations. The total includes payments for services, expenses, and relocation costs, as well as vehicle fines," Milton Valencia reports in the Globe.

"At one point, when the witness first began cooperating, he was pulled over for speeding in New Hampshire and had a suspended driver's license. A state trooper assigned to an FBI task force advised the New Hampshire officer of the witness's cooperation. Authorities in New Hampshire towed the witness's car but did not cite him. The FBI task force subsequently helped the witness obtain a license allowing him to drive at certain times.

"At one point, the FBI paid an outstanding fine that the witness had with a prior landlord, so that the witness could obtain Section 8 housing.

"During the time the witness was cooperating with the FBI, he was arrested for failing to pay a civil fine for child support. A Bureau of Alcohol, Tobacco and Firearms agent called a state Department of Revenue attorney asking for the witness's release, but the department refused.

"The government has also helped the witness and his family relocate, and has indicated it will provide further assistance to ensure the safety of the witness and his family. The government has refused to identify the witness at this time out of fear that it would "put [the witness's] safety and the safety of its family in jeopardy."

The paid, confidential witness is cooperating in the drug investigation against Silva, whose friends were all shocked by the federal charges because he was only known to smoke marijuana, he didn't do heroin. No one knew him to have a gun.

Prosecutors say Silva possessed a Ruger P95 9mm pistol, with a scratched out serial number, in February 2013.

A gun of that same make and model was recovered in a Watertown neighborhood on the early morning of April 19, 2013, after police exchanged gunfire with Tamerlan Tsarnaev, Dzhokhar's older brother. Federal authorities claim that Silva's gun is "related to" or "similar to" the gun used in the Collier shooting but have not said how they are linked.

"Whilst the charges against him are related to possession of an illegal firearm and drug dealing it was widely reported, (although seemingly unsubstantiated), that Stephen provided the gun with which one of the Tsarnaev brothers allegedly killed Officer Collier. The occurrence of these rumors, leaks or whatever they might be could be thought to cast doubt on the validity of the case and indeed the charges against Stephen Silva. Is he simply being used to aid the government in the conviction of Dzhokhar Tsarnaev?" writes jane24 on firedoglake.com.

"The Ruger pistol which was allegedly used by Tamerlan Tsarnaev during the Watertown shootout on 18th/19th April, 2013 was said to have been recovered at the scene. If this was the case, one would have cause to wonder when exactly Stephen Silva is alleged to have been in possession of this weapon? Earlier this year there were some media reports that this weapon had been traced to a drug dealer in Maine."

Silva, 21, of Cambridge, who is being held without bail, was called before "a federal grand jury over a year ago in connection with another matter and invoked his Fifth Amendment rights," reads the court document filed Wednesday.

"Are things as they might first appear in the case of Stephen Silva? Or, could it be that this individual finds himself facing criminal charges and incarceration because he is yet another who has failed to cooperate with the FBI? As far as we are aware, the FBI has seemingly little evidence to tie either of the Tsarnaev brothers to the murder of Officer Collier. Could it be that they need a witness for the prosecution in the case of Dzhokhar Tsarnaev? If this was the case, how far would the FBI be prepared to go in order to attain that witness?" asks jane24.

Silva was studying political science, and planned to go to law school and become a public defender. His friends cannot believe he would ever say something to the police as absurd as what the New York Daily News reported that he said, "I smoke weed because my best friend was the bomber."

http://newtrendmag.org/ntma1567.htm

Homeland Security Agent Caught Lying at Hearing

TMO 

Robel Phillipos (center) arrives for a hearing in his case at the federal courthouse in Boston, Massachusetts May 13, 2014. REUTERS/Brian Snyder

Three friends of Dzhokhar (Jahar) Tsarnaev: Dias Kadyrbayev, Azamat Tazhayakov, and Robel Phillipos went before Judge Woodlock May 13-15, 2014 and sat through three full consecutive days of FBI and Homeland Security testimony. Dias Kadyrbayev was poised to testify regarding the nature of his detainment, interrogation, and arrest, but did not end up testifying.

There were only a few observers in the courtroom other than the media; Boston marathon bombing victim Marc Fucarile, and a few family members and friends of the defense. Dias and Azamat, accused of obstructing justice, and Robel, accused of lying to the FBI, had filed motions to dismiss the charges, which Judge Woodlock denied. He agreed to hold three separate trials for the defendants. Azamat will go first on June 30, 2014, followed by Dias on September 8 and Robel September 29. The judge denied the defense request for a trial outside Boston.

Most of the hearing focused on whether or not statements made by the defense while in custody of the FBI were voluntary, when they were detained without a warrant from 9pm until 5am the night of April 19, 2013. There was also the issue of whether or not their English was sufficient to understand what was going on and what they were signing.

The apartment near UMass Dartmouth was shared by the three students. They had a group cell phone plan that was billed to the home under the name Tsarnaev. A couple hours after police killed Jahar’s brother Tamerlan Tsarnaev, while Jahar was still on the run, one of these phones was used in the New Bedford home at 10:06am on April 19. It was Azamat calling his mom in Khazakstan. Shortly after Tamerlan was announced dead on TV, someone used the phone to text his parents in Dagestan. The FBI sent a SWAT team to raid the house without a warrant. Jahar was not there, but Dias, Azamat and Bayan were taken into FBI custody.

FBI Agent Walker testified that they were not under arrest, but they had accepted an “invitation to talk” at the police barracks in North Dartmouth. Walker said he was “not sure” if they were read their Miranda rights before they confessed to removing a backpack full of spent fireworks from the home, or before signing documents giving permission to search their computer, apartment and car. The boys were friendly and cooperative. While they were there, Dias’ attorney called saying he wanted to represent the boys but they were not informed of this. Dias had asked, “Do we need a lawyer?” and was told, “We can’t offer legal advice.”

FBI agent Azad testified that he told them they were not under arrest. They were having a friendly back and forth conversation. Dias asked repeatedly to see his girlfriend, Bayan, and was told, “Soon.” He also asked, “Are we almost done?”

At one point, Dias said, “I think we are being held against our will.” Walker testified that the FBI called a taxi, which pulled up out front, but could not explain why the boys did not get in. Attorney Stahl clarified that the FBI had taken away their wallets and keys.

Stahl asked why they did not arrest the boys. Walker said they were not sure if they had probable cause. They were waiting for the District Attorney’s office to tell them how to proceed.

Azamat’s attorney Nicholas Wooldridge cross examined Walker. “If you believe there is probable cause, you don’t need to consult with prosecutor.”

Walker responded, “We preferred to consult with DA first.”

Stahl asked FBI Agent Serillo, “Did Dias ask for a shirt or blanket?” Serilla answered, “I don’t recall.”

“The agents honestly felt scripted and were repeatedly thrown off by Stahl’s questions, answering, ‘I don’t recall…,’” court observer Jennifer told TMO.

Early in the morning, six FBI agents in 3 cars drove the boys home. They entered the home with their permission and removed two items belonging to Jahar: a baseball cap and an ashtray.

That same afternoon, the home was raided again by 12 government agents. FBI agents Quinn and Azad interviewed them for one hour. Azad testified that the boys had a “friendly and pleasant demeanor” and “had no idea what was to come.”

After they signed a consent for the FBI to search the apartment, they were handcuffed. Even though it is not normal for Homeland Security to deal with such technical matters, Homeland Security Agent Wiroll arrested them for student visa violations. He read their Miranda rights but there was no Russian translator present. The boys were forced at gunpoint to remove their shirts and walk backwards out of the apartment with their hands in the air. Even though Dias was handcuffed and put in the back of a police car, Walker testified that he was free to leave anytime he wanted, if he just had said, “I want to leave.”

In the back of the car, Walker told Dias, “Jahar’s life is over. Whether he’s still living or not, his life is over. He’s dead one way or another. Your life is not over. Yours doesn’t have to be. You must tell the truth. You have to tell me right now. Don’t make a mistake.” 

“It was disturbing to hear him to say it like that,” a supporter named Ana told TMO. “But in a way he is doing whatever he can to get this to be fair to the boys. He is responsible for their arrest.” 

Homeland Security agent Jameson Wiroll testified for at least 15 minutes that Dias did not need help with translating and that no Russian was spoken. But when Wiroll was double cross examined, he changed his story regarding whether or not Dias needed help with translation before he signed documents including a highly unusual immigration form where he “confesses” to throwing away the fireworks (something an FBI agent told the HSI agent to add). 

“It is not normal to include extra information not related to the subject a person was brought in for,” observed Attorney Stahl. Wiroll testified that he added it as “background information.” Stahl then pointed out on the same document that the Consul from Khazakstan was present and had helped with translating. The Judge said, “I’m confused.” Wiroll then admitted that Russian was spoken and they needed help with translation. 

Wiroll has a history of giving false testimony. He was named as a defendant in a 4th amendment violation civil case against the town of Rockport filed by James Atkinson involving a 2009 weapons case where all the charges against Atkinson were dropped because the local cops and FBI were found to have fabricated evidence, and used illegal wiretapping. 

According to a government transcript of a phone call from the Essex County jail to Bayan on May 24, 2013, Dias lamented about how he was treated after he had fully cooperated with law enforcement. “Everything that we did — everything that I did, everything that I signed, I signed it on my own. They asked me, right, “Will you give permission?” and I gave. But, then how they [trashed the place]… like pigs.”

Pre-Trial for Tsarnaev Friends Proceeds

January 23, 2014 by TMO 

US prosecutors and defense attorneys for Dias Kadyrbayev, Azamat Tazhayakov and Robel Phillipos faced Judge Douglas Woodlock on January 15, 2014 at Moakely Federal Courthouse in Boston.

Dias’ lawyer Robert Stahl began the pre-trial hearing by complaining that the defense needs more time to go through the 3 million pages of discovery documents the government provided to them in a compressed zip file, which is not searchable with a browser. They must click on each file to open it. The evidence includes forensic imaging from computers and cell phones, including text messages in Russian.

“People can use some judgment,” the judge said. “I don’t buy into the idea that when the government dumps a lot of stuff on you that imposes an obligation on you to spend endless hours reviewing everything.”

Stahl argued that the defense interpretation of text messages in the indictment differs from that of the government. In order to understand whether or not there was knowledge about the bombing or any intent to dispose of evidence, we need to know the context and background of the conversation, including the the boys’ relationships. For example, Dzhokhar’s text message saying they could take what they wanted from his room should be interpreted in light of the college students’ use of marijuana. If the related evidence can demonstrate that Dzhokhar was not understood to be advising the friends to remove bomb making materials from the room, the defense will consider filing a motion to suppress this statement from the record of evidence. Stahl stated he wants the same ability to access relevant information as the government.

Judge Woodlock felt that this analysis went beyond the scope of the indictment, but told US attorneys, “The defense is entitled to see what evidence you are using.” He gave the government five days to provide the defense with whatever keyword search engine they are using. He lectured the attorneys that the case needs to be focused and proceed in a timely manner. He ordered the government to supply a witness list by January 31 as well as a list of which exhibits out of the 800,000 they submitted as evidence will actually be used in the trial and gave the same deadline for discovery requests from the defense.

Stahl continued to argue, saying that he could not know what more to ask for in terms of information until after he had gone through all the available evidence. He said this is a very complex case, given its relationship with the ongoing marathon bombing trial.

“I would be remiss if I didn’t review things because what I don’t know is what comes back and hurts me,” said the attorney. “We have one chance and it has to be done right.”

However, the judge dismissed him. “The issues that are involved here have to deal with something very specific.”

According to earlier reports, the FBI showed up at the boys’ apartment on April 19 armed and wearing masks. Stahl said that if the FBI report is accurate, the boys were taken away from their home at gunpoint, not arrested but held for hours before being taken to state police barracks.

Stahl said that the FBI does not record statements, they write up a report afterwards. So even though they have the FBI report, the defense would also like notes and reports from other agencies and witnesses who were present during the interrogation that might provide exculpatory evidence. The state police station videotape recorded the interview and there were other witnesses present, who were not mentioned on the FBI report since they were outside the room, but who were aware of the interrogation.

The judge insisted that the FBI is not obligated to provide any recordings of their interviews. He stated, unconvincingly, that the information that could be provided by state police is not relevant in federal court. He conceded that the timing and issuing of proper Miranda warning could influence whether evidence is permissible.

Stahl then argued that one of the witnesses who testified before the grand jury disputed the government’s version of events, but her statement is under seal. The defense wants to be able to use her testimony.

Nicholas Wooldridge, Azamat’s attorney, said the unnamed witness could provide “one of the central pieces” of a motion to suppress evidence, namely the confession statements the boys were forced to sign.

The judge told them to either file a motion to unseal the deposition or else submit their arguments to the judge under seal.

Robel’s lawyer said he plans to file a motion to dismiss, saying the charges don’t meet legal requirements of demonstrating intent to obstruct justice or failure to provide material regarding the bombing investigation. He argued that Robel was not in the room when the other two discussed what to do with Dzhokhar’s backpack.

The judge made a series of deadlines for evidence to be submitted, government responses, motions to compel, dismiss, change venue or to separate defendants’ trials. A conference hearing is scheduled for March 10. He rejected Dias and Robel’s request for a January 2015 trial date and set a date in July in accordance with Azamat’s wishes.

However, US attorney Siegmann then derailed the discussion by making an exaggerated facial expression rather than standing to speak – the second time she has behaved in such an obviously unprofessional manner with a judge during this case.

Judge Woodlock interrupted proceedings to say, “I see this pained expression in your face!” Siegmann stated that she has this expensive vacation planned, so the judge changed the date to early August.

Robel’s lawyer then stood and said he had a vacation planned for early August, hoping to defer the trial until September, but Woodlock got tough.

“We’re making it closer, not farther away,” the judge said. He scheduled the trial for June 23. The trial is expected to last 2-3 weeks.

After the hearing, TMO asked Stahl, “Shouldn’t the burden be upon the government to demonstrate that the fireworks were related to the bombing?”

The attorney answered, “One would think!”

Robel’s lawyer encouraged supporters after the hearing to post positive comments on sites like the Boston Globe and Herald, because locals read these rather than the websites dedicated to this case. Robel’s mother thanked friends for their encouraging letters to her son, saying they meant a lot to him.

“I think this is a far-ranging case – only the surface has been scratched,” Stahl told reporters outside. When asked, “How is your client?” Stahl responded:  

“He is strong. He is getting more strong as time goes by, because he has to. Obviously, this is very difficult. His family is not here. His family is having trouble getting visas granted from the United States to come back here, so that makes it that much more difficult. Imagine if you were overseas with no friends or family members there to even visit you. As time goes by we are just as eager to see a speedy and correct and positive resolution to this matter.” 

Azamat’s father, Amir Ismagulov told reporters through his attorney and translator that he welcomed the news of the June trial date.

“We felt it was our first victory on this case,” he said. “We felt this was a great victory for Boston to know the truth nine months earlier… Our sons feel they didn’t harm this city and country, and they never felt they did something negative or harmful.”

Azamat’s father told reporters that his son is now in the general prison population. He has been receiving his books like he is supposed to. He is also going to the going to the library and using the gym. He added that the people they have met these past 9 months in Boston are some of the nicest people he has ever met.

Free Jahar Movement–Spirituality & Politics

January 16, 2014 by TMO 

File: Dzhokhar (Jahar) Tsarnaev appearing before US Magistrate Marianne Bowler in the Moakley Federal Courthouse in Boston for his arraignment.

“I don’t argue with fools who say islam is terrorism it’s not worth a thing, let an idiot remain an idiot” – January 16, 2013 tweet by Jahar @J_tsar

While mainstream media maligns the Tsarnaev brothers as the Chechen terrorists who bombed the Boston marathon long before any convincing evidence has been presented in a court of law, a strong social undercurrent questioning the official version of events has spontaneously, pretty much miraculously emerged without any organization, and without any funding. The Free Jahar movement also supports Jahar’s imprisoned best friends Dias Kadyrbayev and Azamat Tazhayakov, foreign students from Khazakstan, and the family of Tamerlan’s friend Ibrahim Todashev who was murdered in Orlando by the Boston FBI. Thousands of young people, mostly women in their early 20s, impeccably groomed for their online profile photos and savvy with all the modern technology – most of whom have never met each other before – are now enthusiastically and internationally networking. Nothing like this has ever happened before in history.

Baffled and disturbed by the revelation that they can no longer keep up with the latest technology young people are using today, and are thus no longer able to control public opinion, the outdated pro-FBI mainstream media has obnoxiously mocked and dismissed “Jahar’s Army” as a bunch of silly “fangirls” crazed by the boy’s good looks.

However, a closer look reveals that this depiction is inaccurate. The Free Jahar movement is one of the most unique social justice movements that the world has ever seen – nearly all female and fiercely maternal in its passion to protect the innocent:

“Jahar, We will be your voice while your own is taken. Trust in us. We are here. We love you. We will make it right. Justice will be yours.”

Luna, a Native American single mother of four living in Oklahoma who administrates the group Ohana along with Jahar’s sisters, Ibrahim’s widow and her mother, told TMO she had used google translate to locate them, as well as friends and relatives of Azamat and Dias via the Russian social media network VK and invited them to join Facebook. She said she is now “more aware of how the government and courts work” because of this “girl community.”

Alice in New Zealand told TMO, “Like most people, prior to the bombings I sort of took everything on ‘face value’ and believed everything that was shown to me. In a strange way Jahar and his family showed me the truth, if you will, and made me see otherwise… I’m forever grateful for my eyes being opened to it as a result of everything I’ve learned from this case, it’s given my heart so much love and compassion towards Muslims because they deal with so much more than the average person. It’s been the turning point in my life and changed how I see the world and has made me into a better person.”

Every generation has to realize the fact that governments lie. But unlike my generation, instead of despair, this generation of wonderful young people came up with this idea that if we love Jahar, we are no longer alone in this world. Upon believing in Jahar’s innocence, an intensely affectionate global family is formed, whose electronic (((hugs))) are like a tidal wave of divine love washing over this world. Jahar in his true suffering has undeniably and deeply blessed countless lives. He is almost like a Christ figure.

“He was chosen by the higher powers to be – Our makers, We call God, to Wake up the Sheep and turn them into Lions – hear them ROAR !!!” posts Unique Firefly of Florida.

“He has the character of the best person who could exist. Anyone who sees him falls in love with him. Dzhokhar, he is a gift from Allah, not just because he is my son – he is like an angel, this child. The Americans know him better than I do. They taught him. He was in the newspapers everywhere: he was excellent, good, kind. He worked all the time. In his extra moments, he worked so that things would not be difficult for us, his parents. He didn’t keep a penny for himself. This kind of child. You understand,” stated his father Anzor Tsarnaev via let-goletgod.

Most political prisoner support movements in the west have tended to be organized by aging secular leftists who attend meetings, pen statements, organize conferences and demonstrate on the street. The culture of this new movement is very, very different from traditional protest movements. This global women-led cultural movement is charged by prayers for peace and healing, respect for Christian and Muslim values, emotional support for each other, and unconditional, passionate respect for Jahar’s family and friends.

North American Jahar supporters have often found that the world has suddenly opened up for them, as they familiarize themselves with Muslim customs and world geography and learn about history and geopolitics from their new friends around the world.

“Yeah I had no idea Asians lived in Khazakstan!” laughs Jill of Massachusetts.

“You know what I truly admire, whenever it’s their time to pray no matter wherever they are they will stop and pray. Love it,” comments Sharon in Vancouver.

Jahar’s supporters do their share of letter writing and strive to attend status hearings, but their fight to influence public opinion takes place mostly in online forums. Unlike most prisoner support movements that hinge on court dates and then fizzle out, the Jahar groups are active around the clock. Communication takes place on Facebook, Twitter, and other apps that only young people have heard of. The largest Facebook group, Dzhokhar Tsarnaev is Innocent, has over 17,000 members and continues to grow. While the group’s political influence on matters of US justice is unclear, Jahar himself has received so many gifts to his prison commissary that he has begged supporters to stop sending money or he might lose his state-funded attorneys!

They don’t just circulate news articles, court documents, and action alerts. Participants post a steady stream of family photos, personal anecdotes, pictures of lions (Jahar’s Twitter symbol), and even poor Ibrahim’s cat, Todashev Pisu Ibragimovich, curled up asleep in the bathroom sink, who misses his daddy very much. The group follows status updates from the Tsarnaev sisters with the same level of excitement other women might reserve for the Kardashians. They look up to Jahar’s mother Zubeida as a source of beauty, strength, courage and advice.

“Zubi told me how her kids are nice and she said I’m nice like her kids. And I’ve read that in Islam you have to be nice to everyone,” Maria from Kosova told TMO. The movement has indeed evolved into something indescribable that’s all about emotionally supporting complete strangers.

Whenever someone loses a family member, falls ill, gets pregnant or goes through a break-up, she receives prayers and best wishes from all around the world. They send each other birthday cards, thank you cards, I love you cards, and even Christmas presents for each others’ children. If a young lady posts a “selfie,” she is told how beautiful she is, inside and out. They visit their new friends while traveling, and confide in each other on personal matters. During the boys’ court hearings, women around the world hover around Twitter for updates, trying to decipher the legal jargon.

Kimberly in Ohio told TMO that “the ‘event’ has had a great impact in many ways on my previously held beliefs… the Boston Bombing has drastically changed my heart and opened my mind about so many things, that I don’t know where to begin, to end…”

Tsarnaev Friends’ Hearing Secretly Rescheduled

November 7, 2013 by TMO 

Boston Marathon bombing Dzhokhar Tsarnaev (second from right) stands with Azamat Tazhayakov (second from left) and Dias Kadyrbayev (center) in Times Square.

Supporters of Azamat Tazhayakov, Dias Kadyrbayev and Robel Phillipos were dismayed to discover on Tuesday, October 28, 2013 that the Federal courthouse had secretly switched the time of their status hearing to 11am and announced this only on their twitter feed at 10am. The court website as well as the paper schedule at the front desk of Moakley Courthouse stated that the hearing was at 2:30. Only the clerk’s office, which is past the metal detector at the entrance, had the time crossed out with a pen and the correct time written in. Workers at the front desk said they were not aware of the change.

The result was that supporters and independent journalists sat in the hallway for hours, waiting to observe the hearing that they didn’t realize already happened that morning. Only mainstream media outlets were informed. This was the second time switch for the status hearing that was originally to take place at 10am. Many people feel that these secret actions are serving to cover up something, to deny the boys human contact.

“I was upset and furious of why they did that. This was a last minute thing and it was intentionally as I felt it was because they were trying to block off supporters from knowing something. It was a smart move on their part how well they put that together. But then it will make us be more aware of next time,” complained Ana, a nursing student following the case who had driven many miles to be there.

Defendants Tazhayakov, Kadyrbayev and Phillipos were college dorm buddies of Dzhokhar Tsarnaev, the surviving Boston Marathon bombing suspect, who is due back in court next week. The three are accused of throwing away fireworks, which Federal prosecutors claim constitutes disposing of evidence – even though prosecutors have yet to demonstrate that these fireworks were in any way connected to the bombing.

Oddly enough, on April 21, 2013 empty fireworks tubes were also discovered in a Watertown clothes donation bin. The Boston Herald reported that they couldn’t have been left there by the bombing suspects. Planet Aid operations manager Michael Tambosi said the bin on Belmont Street in Watertown was last emptied at 5:20am Sunday — more than two full days after suspect Tamerlan Tsarnaev was killed by Watertown police. There has since been no police investigation. There has been no attempt by authorities to link the three friends to these fireworks either. Why are these particular fireworks not considered suspicious?

The Boston Globe’s Milton Valencia reports that Nicholas Wooldridge, attorney for Azamat Tazhayakov, asked Judge Bowler to lift the court order that restricts what he can say publicly about the criminal proceedings. It unfairly allows federal prosecutors to decide what information is made public while preventing defense attorneys from commenting publicly on or disseminating evidence. The protective order says defense attorneys may only share evidence with immediate family members.

“The government has been the only ones who have been able to comment on this, they’re the only ones who have been able to create a public record,” Wooldridge said. “The defendants have basically been muzzled.”

Wooldridge argued that the protective order even prevents defense lawyers from commenting on what’s already on the public record.

The order also hides most court documents from the public.

Wooldridge said the protective order should be lifted now that his client has been indicted. All three pleaded not guilty to the accusations of impeding FBI investigation.

Assistant US Attorney John Capin argued that “the protective order is properly in place,” and noted that court rules prohibit attorneys from commenting on ongoing proceedings. He said the order is needed to protect Tsarnaev’s friends from adverse pretrial publicity.

This claim does not make much logical sense, since the only information the public has are the government prosecutors’ unsubstantiated allegations in the indictment.

Wooldridge told Bowler he would not agree with any protective order, but attorneys for Tazhayakov’s co-defendants are negotiating a new agreement with prosecutors that would keep the protective order in place while broadening the restrictions so that more of the defendants’ family members can have access to the evidence, reports Valencia.

According to the indictment, Tazhayakov had seen Tsarnaev with fireworks a month earlier when he and others set them off along the banks of the Charles River in Boston. Tsarnaev’s friends initially assumed the fireworks to be “left over” from this incident, but panicked after seeing Tsarnaev’s face on television and removed them “without thinking.”

The Boston Globe and the Boston Herald both reported incidences of “kids playing with fireworks” on March 12 and March 15, 2013. A local fire marshal had been called in over concerns that the “kids” had opened fireworks tubes and attempted to construct a larger type of explosive, to “get more bang for their buck.”

Police Chief Walter Sweeney told news reporters, “Essentially, these appear to be from homemade fireworks and not firecrackers. It appears there is someone experimenting with fireworks although there is no intent to cause harm.”

Tsarnaev’s twitter feed clearly shows pictures of him and several friends in March playing with fireworks and having a great time. There were many other teenagers besides the three indicted friends of Tsarnaev who were also experimenting with the illegal fireworks.

“If there was any suspicion that any of the incidents above were anything to do with bomb making activities and that Tsarnaev’s friends were potentially complicit in such acts there would have been a lot more appearing in court,” claims investigative journalist blogger Baby Blake, who holds a degrees in Criminal Justice and Social Policy, MA Criminal Justice.

She states that the fact that the indictment against the boys “accepts that they did not know fireworks would be present in Tsarnaev’s room when they visited it and only noticed them after they had been there some time, really does lead to serious doubts over the validity of the prosecution case.”

Kadyrbayev’s lawyer, Robert Stahl, said after the hearing that his client did not understand what he had done. “There was no criminal intent to obstruct justice, or to assist Dzhokhar in any way.”

Likewise, attorneys for Phillipos stated he “had nothing to do whatsoever with the Boston Marathon bombing or destroying any evidence afterwards … in the end, it will be clear that this prosecution should never have been brought in the first place.”

Kadyrbayev and Tazhayakov had already been in police custody at the time of their arrest due to a “suspicious license plate violation” and authorities then held them on immigration grounds because their student visas had allegedly expired due to them missing classes.

They were arrested on April 19, 2013 and questioned by investigators for 48 hours before they finally confessed. Their statements were written for them by investigators, read back to them and they were asked to sign. When asked if they understood the gravity of the situation their only documented reply was “yes.”

Attorney Wooldridge told reporters after Tuesday’s hearing that the government’s case is weak because it is based on interviews conducted by FBI officials that were never recorded.

“If the three friends are found not guilty of their alleged complicity in the marathon bombings… it must be accepted that they were simply playing with fireworks along with Tsarnaev himself, ergo the fireworks they disposed of could never of been used to construct the bomb that killed and injured so many,” concludes Blake.

Their next status hearing is scheduled for January 15, 2014. No time has been reported.