Huge Sentences for non-Violent association with Boston Bombing Suspect

Dias Kadyrbayev Offers Plea: Helpless Muslims with poor Legal Support
http://newtrendmag.org/ntma1564.htm


Shocked by his best friend, Azamat Tazhayakov's trial outcome, and with a September 8 trial date fast approaching, Dias Kadyrbayev, who is being held in solitary confinement, has decided to accept a plea bargain, acknowledging that "Boston has already decided on guilt."

David Frank reported in Mass Lawyers Weekly, "Kadyrbayev's New Jersey lawyer, Robert Stahl, confirms that his client will indeed change his plea. Although Stahl declined to comment on the particulars of the deal until after the hearing, it is likely that the parties have signed some type of written agreement laying out the terms of the plea. The agreement will then be submitted to Woodlock for his approval."

The UMass-Dartmouth classmate of Boston Marathon bombing suspect Dzhokhar Tsarnaev pled guilty on August 21 to conspiracy and obstruction of justice, the sentence for which is 25 years. According to the plea deal, Dias will serve not more than 7 years for disposing of some fireworks that had no connection to the bombing. US Attorney Stephanie Siegmann is asking for all seven years.

"You understand that you're pleading guilty to two charges... those are serious federal charges," Woodlock said, adding that Dias is giving up any and all rights to a full trial.

Dias said, "Yes sir" to the judge that he's giving up his right to challenge the evidence against him.

In agreeing to the plea deal, Dias agreed to be deported after time served. The judge did not make an immediate decision regarding accepting or rejecting the plea bargain.

Dias decided to admit to hiding both Jahar's laptop and backpack. Azamat was found not guilty regarding bringing home the laptop. He was however found guilty of throwing away the backpack despite claims that Dias was the one who tossed it.

"So, today he formally accepted full responsibility for his actions and sincerely apologizes," said defense Attorney Stahl. "Dias now understands he never should have gone to the dorm room... never should have taken any items from that room."

Azamat is to be sentenced Oct. 16. Dias is set to be sentenced Nov. 18.

Dias' father, Murat Kadyrbayav as well as his brother Ablaikhan Ismagulov are in town for the proceedings

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.