Azamat Tazhayakov found guilty of tossing backpack

Muslims are Poorly Defended & Easily Proven Guilty by Association.


Even though Azamat's lawyers argued that it was his friend, Dias Kadyrbayev, who removed Dzhokhar Tsarnaev's backpack containing fireworks from his University of Massachusetts-Dartmouth dorm room, jurors on Monday, July 21, 2014 found Azamat Tazhayakov guilty of conspiracy and obstruction of justice. Azamat was however found not guilty regarding the laptop, which was also removed from Dzhokhar's dorm room and kept at Azamat and Dias' New Bedford home until it was handed over to the FBI. The jury agreed with prosecutors that both men shared in the decision to remove the items and get rid of them to hide evidence. Dias' trial will begin in early September. A third friend, Robel Phillipos, charged with lying to investigators, will be tried in late September. The seven men and five women on the jury deliberated for three days.

"My fellow jurors were 100 percent dedicated to doing our job," a juror told legal commentator David Frank, "and that was taking everything else out of consideration and focusing on just the law." The juror also mentioned that the jurors were at 11-1 in favor of guilt that morning before the lone holdout had a change of heart.

Azamat's defense, like most lawyers representing Muslim clients in the US, did not defend the innocence of their client as strenuously as they could have, because they relied on the Constitutional burden of proof being upon the government prosecutors. Traditionally, it is enough to show that the prosecution has a flimsy case.

However, when the defendant is a Muslim tied into a terror case, his innocence needs to be demonstrated to the jury, and sometimes social studies lessons by testifying experts for cultural context are even needed. None of this happened in Azamat's trial. Perhaps it didn't seem necessary because the government witnesses all made Azamat sound like the nicest guy in the world. Still, the defense relied too much on this intellectual subtlety.

"We were all shocked when the prosecution rested and the defense immediately rested," the juror said. "We were like, 'You're not going to put a defense on?' They didn't call a single character witness. Someone said, 'Who could they have called?' How about a professor? How about a neighbor? They called no one."

As the jury announced the verdicts, Azamat put his hands over his face and shook his head. His father, Ismagoulov remained stoic while his mother, Tuyrsynai sobbed loudly, rocking his little sister Almira. Azamat's parents fought hard for him to get a fair and speedy trial. They were in the courtroom at every hearing. His mother often nursed Almira under a shawl to keep her quiet.

According to reporter Kevin Cullen, "She grabbed their 2-year-old daughter, Almira, put her on her lap, then covered Almira with a brightly covered scarf, as if to shield her from what was about to happen... In that moment before the verdict was read, in that brief slice of silence, the tinny voice of Almira leaked from beneath the scarf: she was singing."

"Azamat's mother speaks no English, and her reaction was delayed, as she listened to the translation. The translator's words spilled from her headset and she bent forward, as if she'd been punched. She dropped the scarf, and Almira stared up, uncomprehending.

Tuyrsynai rocked back and forth, keening. Almira climbed down and grabbed the headset her mother had dropped. She put the headset on, as if it would help her understand what was making her mother cry. No longer a cloak, the scarf became a handkerchief, and Tuyrsynai daubed her eyes. 'Mama,' Almira said, looking up, smiling. Her innocence stood in stark, striking contrast to what the jury just decided her brother had done."

Tazhayakov faces a possible 20-year prison sentence for obstruction of justice and a five-year maximum for conspiracy but the defense will ask for time served, which would be 1 1/2 years by the time of sentencing, which is scheduled for October 16, 2014.

The jury may have been influenced by a surveillance video taken the day after the Boston Marathon bombings, which shows Azamat walking with Dzhokhar into the student gym and exiting later. They both appear relaxed and acting normal. However, the video when released to the public received harsh reviews from outraged people assuming the guilt of the bombing suspect, accusing Dzhokhar of having a "smirk" on his face. The intent of the video was to demonstrate his friendship with Azamat.

"Aza is a good kid and he has no priors. I expect the friends will all have to serve some time. They all committed crimes and there is no way around that. Even if they are only found guilty of lesser charges, they are legit charges. So pray for his family. Send him kind, comforting words. And be patient," urged an anonymous friend.

One of Azamat's lawyers, Nicholas Wooldridge, said he will ask the judge to sentence his client to time served. He suggested to the media that the jurors were under pressure to render a verdict against Azamat.

http://newtrendmag.org/ntma1560.htm

Trial Begins for Azamat Tazhayakov

Boston, Massachusetts: USA

Innocents be dragged in: Young People's Guilt by Association
by Sis. Karin Friedemann 

A foreign student from Kazakhstan, Azamat Tazhayakov, age 20, is facing 25 years in prison for "obstruction of justice" and lying to the FBI. Dzhokhar (Jahar) Tsarnaev texted a mutual friend, Dias Kadyrbayev around the same time as his photo was released to the public as a suspect in the Boston Marathon bombings, saying "If you want, you can go to my room and take what's there," followed by a blushing smiley face, which defense attorney Wooldridge said was a symbol that meant marijuana to the friends.

The UMass Dartmouth students are accused of going into Jahar's dorm room along with a third friend, Robel Philipos, taking Tsarnaev's laptop and disposing of Tsarnaev's backpack, which contained fireworks. The three friends are to be tried separately. Azamat's father, a wealthy oil man and local Khazak politician, insisted on a speedy trial even though the attorneys wanted more time to prepare, so Azamat's trial comes first.

"The government will prove to you that the defendant and his co-conspirator removed the backpack for one reason, and that reason was to protect their friend who they had just learned was one of the two suspected Marathon bombers," said US assistant attorney Stephanie Siegmann in her opening statement.

The first witness was Andrew Dwinells, Jahar's roommate, who testified that Dias showed him a text that said something about Jahar leaving the country and he won't be back so Dias can go ahead and take what he wants.

Andrew testified that he saw Dias go into a drawer and take a bag of pot while the other two watched TV. He testified that he did not see any of the friends take the backpack or the computer. He never saw Jahar with any pressure cooker, BBs, or bomb making material. He also said Jahar acted normally after the marathon. Andrew says he didn't think Jahar was a terrorist. Andrew testified that he and Jahar once discussed the theory that 9/11 was a government conspiracy.

The next witness was Alexa Guevara, another UMass Dartmouth student. She said her girlfriends called Azamat "Mama's Boy" because he was always the good one among the friends. She also testified that Jahar never said anything anti-American to her. Alexa's eyes teared up when testifying that she never thought Jahar could do anything like that. Even after the FBI released Jahar's picture she did not believe it.

FBI Agent Sara Wood next testified that Azamat had told her that Dias showed him a text from Jahar on the evening of April 18, 2013 saying that he did the bombing. However, the FBI has not been able to produce this text, despite their thorough investigation of the boys' cell phones and computers.

Defense attorney Myers aggressively questioned Wood as to why she looked at the prosecutor when answering whether Azamat said he or Dias took the backpack.

The defense also suggested that FBI agents did not allow Azamat to use the bathroom until he signed a waiver of his rights.

Dias' partner, Bayan Kumiskali gave testimony on video as a cooperating witness. "The black-haired beauty from Kazakhstan attended Babson College while Dias was at UMass with Tsarnaev," tweeted journalist Laurel J. Sweet.

Bayan said she didn't want any of that stuff that was taken from Jahar's dorm room. On 4/18, she was in the New Bedford apartment and Dias left for about 1.5 hours starting around 9:30pm. Dias told her he had Jahar's backpack in the privacy of the bedroom later that night. She was "mad" when she heard this and told him to "get it out of here."

"He hadn't thought this might be something." she said.

The most clear proof that the boys did not intend to obstruct justice is the fact that inside the backpack was Jahar's homework assignment. They were clearly not hiding evidence. As an engineering major, Jahar's roommate Andrew owned a lab kit, which contained wire, wire cutters, and other items. The kit was in plain sight on his bookcase on the 18th, but Dzhokhar's three friends did not take it.

Most likely, they literally took what they wanted from Jahar's room because they knew he wasn't coming back: a laptop, marijuana, fireworks, a thumb drive, a spiral notebook and a jar of Vaseline. Most likely they took the fireworks because they wanted them.

However, they didn't take all the fireworks. The FBI also admitted in testimony last week that more fireworks were found in the dorm room. FBI agent David McCollan testified that the fireworks were torn but some explosive powder remained. Even though fireworks are not an efficient source of bomb making material, one would think that if the fireworks were used to make a bomb they would be cut cleanly at the top and completely emptied out.

Neither Aza nor Dias threw away the computer. The thumb drive was found in the trash but if there was any incriminating evidence on it I'm sure we would have learned of it.

The most incriminating thing Azamat could come up with to say to the FBI about his friend was, "that Jahar had a 'little black gun' that shot pellets, and he once witnessed him shoot at a plastic bottle.

Updates on Jahar's friends

Fallout from Marathon bombing case: Innocents snared and Imprisoned 

Updates on Jahar's friends 
Karin Friedemann
Matanov Commissary Fund Started

An account has been opened for Khairullozhon Matanov's commissary fund. He will need money to buy things like soap, toothpaste and snacks. Elena Teyer, Ibrahim Todashev's mother-in-law, made a donation of $50.

If you would like to deposit money into Khair's commissary fund, just click the link, register and you can enter either his last name or his register number. The facility is Plymouth County Sheriffs Dept. It is very simple. Thank you so much for anything you can do to help this young man, but do not send large amounts of money or else it could be used to deny him access to his government-appointed lawyer.

https://www.accesscorrections.com/index.php 

To write to Mr. Matanov, address letter to:

Khairullozhon Matanov # 65363?, Unit GSE, Room # 107, ?PCCF, ?26 Long Pond Road, ?Plymouth, MA 02360

Matanov Neighbor Speaks Out

"We would always say hi to each other in the hallway or parking lot!" stated Aurora, a woman who lived in the same apartment building as Khair.

"I have to say, he is a kid with a big smile, full of life and very presentable. He's not the average 23 year old guy, very classy person, and cleaned up, very high maintenance. I really hope everything sorts out and this kid gets his life back! We need intelligent people walking on the street, not bums or thugs... He is innocent till proven guilty!"

"I knew him a bit, just hi and hello cause I always worked and so did he, so we barely even saw each other in the building, but he always was friendly and never gave me the impression that he was being watched. He was always happy, a kid!

She also mentioned that Khair's roommate hasn't been seen since Khair's arrest. This is somewhat worrying since all of the other Russian-speaking friends of friends of Jahar or Tamerlan Tsarnaev - even those who didn't even know the Tsarnaevs - have been detained and/or deported from both Massachusetts and Florida.

Bayan Kumiskali to testify at roommate Azamat Tazayhakov's trial

The government plans to call Bayan Kumiskali, the long time (six years) partner of Dias Kadyrbayev, as a witness for the upcoming trial of UMass student Azamat Tazayhakov, who rented a room in their apartment. She received immunity in exchange for her testimony. She was already called in front of the Grand Jury before. The defense once mentioned that Bayan said she had seen cameras and they had recorded their interviews, so her testimony may be helpful to the defense.

Dias and Azamat Separated

Dias Kadyrbayev and Azamat Tazayhakov, who have been sharing a cell at the Essex County Jail in Middleton, MA will return to their former separate cells that they were put in when first arrested. Dias is in unit 120a Cell 115 and Aza is unit 120a Cell 110. The judge said in the beginning that they would be separated again closer to trial, as they are being tried separately, so this was expected.

Azamat Defense Proposes Jury Instruction

In a highly creative move, Attorney Nicholas Wooldridge submitted 41 statements that the defense asks to be shown to the jury as additional instruction.

"Since the indictment is not evidence and since it does not purport to prove or even indicate evidence against the defendant, you are to give no weight whatsoever to it. Every defendant begins trial with an absolutely clean slate and without any evidence against him. Remember that those are merely accusations. What matters is the evidence, or lack thereof, that you heard in the trial," reads a document presented by Azamat Tazayhakov's defense team.

"A person has no legal obligation to voluntarily provide information or things requested by investigators," it reads.

Most of the document has a very general tone instructing jurors on the concept of US Law but Request #21 gets so specific to the case it's inflammatory!

"Caution as to Witness Who Received Immunity: "You have heard the testimony of Bayan Kumiskali. She provided evidence under an immunity agreement with the government. Some people in this position are entirely truthful when testifying. Still, you should consider the testimony of this individual with particular caution given that she was given an agreement from the government not to be prosecuted for her role in the alleged conduct. They may have had reason to make up stories or exaggerate what others did because they wanted to help themselves."

This entire document seems like a very unique approach to attempting to publicize the defense point of view. See:

http://www.scribd.com/doc/229013545/Doc-239-Proposed-Jury-Intructions-on-Behalf-of-Azamat-Tazhayakov-060914 

2014-06-15 Sun 08:10:04 cdt 
NewTrendMag.org

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.