Showing posts with label Judge William Young. Show all posts
Showing posts with label Judge William Young. Show all posts

Wednesday, February 4, 2015

Tsarnaev Friend Changes Plea to “Guilty”

http://newtrendmag.org/ntma1587.htm


Khairullozhon Matanov, 25 year old Kyrgyzstani immigrant and friend of the deceased Tamerlan Tsarnaev, who is accused of the Boston Marathon bombings, told me during a recent prison visit that he decided to plead guilty to concealing evidence and lying to the FBI, even though he is absolutely innocent. The government is now only going to be asking for him to serve 2 1/2 years due to changing his plea to guilty, though the judge could possibly give him an even shorter sentence. 

However, the Patriot Ledger reported that under the new charge, he would face “no more than five to eight years in prison, depending on whether the offense is considered to involve terrorism.” So it sounds like the situation is very much hanging in the balance.

Matanov’s attorney requested a hearing earlier this month after Matanov agreed to be interrogated by the government; however, he doesn’t have any incriminating information to give.

Matanov was looking at 15 years for deleting files off his computer (all of which were public information) and for downplaying his relationship with the Tsarnaev brothers, even though he actually went to the police station first thing in the morning to identify them after the FBI put their photo on the TV, thinking he was doing his duty by telling them, “I don’t think they did it but I know who they are.” 

Prosecutors said Matanov called Tamerlan Tsarnaev about 40 minutes after the bombings and invited him to dinner. He is accused of lying to the FBI about whether he met them at the restaurant or whether he drove them there. He is guilty of knowing the brothers, liking them, and even worshiping at the same mosque. He is not accused of knowing anything about the bombs.

Matanov was originally facing 40 years of imprisonment due to “suspicious” wire transfers of money, some of which were made using aliases, which the FBI insinuated could have been terror related. He had wired money to people in many different countries. However, the feds backed off that charge pretty quickly after it was shown that Matanov could account for all of these money transfers, most of which were sent to needy relatives.

The God-loving kid worked 80 hours a week driving a cab in order to pay for his father’s heart surgery as well as his family’s other living expenses. It would be hard to find a more decent human being than this brother. 

Matanov was a subject of dirty journalist Michelle McPhee, who wrote about him and Tamerlan in a seriously ridiculous smear piece called “Inside the Mind of a Killer.” McPhee has been criticized repeatedly for writing apparently bogus news articles calculated to sway the trial against the accused. For example, she was the source of the “note in the boat” based on “anonymous law enforcement” statements. (The government is NOT going to use the boat confession as part of their case, as it is not legally considered as admissible evidence). 

Dzhokhar Tsarnaev’s attorneys attempted repeatedly to convince Judge O’Toole to find out which FBI agents have been talking to the press, circumventing legal procedure. O’Toole continues to say he’s “concerned” about media links but does nothing about it. 

The judge in Matanov’s case, Judge William Young, however, has a reputation for being tough on media leaks. Matanov filed a motion last month regarding media leaks and Young responded by demanding a list from both the defense and prosecution of anyone who had ever seen the FBI transcript that mysteriously appeared online, or any other documents related to the case. This may be the reason that the government is suddenly willing to negotiate.

Unfortunately, the government put Matanov’s lawyer under a lot of pressure, so in order to get this plea deal he now has to file a motion to withdraw the motion regarding leaks to the media. This is very disappointing. That information about the government agent who is making up stories for the media, is pretty darn important and Young is the only judge who might find out. But I guess Khair has to do what he has to do. 

He said of the government prosecutors:  "They are very powerful people." 

The issue of whether he will be deported after time served is undecided.

Matanov has many loving supporters who write to him. In a letter to a supporter, which was circulated on Facebook, he stated: "I know you guys support me, and I always claim I am innocent. I still say I am innocent, but in this tough environment I can't imagine getting a fair trial so that is why I am accepting a plea deal. I hope you guys support me and I thank you for everything you guys have done, for your support. I mean it is unimaginable good to get tonnes of support from people I have never met."

The young man has received many letters begging him not to testify negatively against Jahar and advising him not to drop the media leaks issue. It is not clear if all these pending issues played a role or not, but on January 24, 2015 it was announced that Judge Young moved the hearing regarding the potential plea deal to February 25, 2015. 

Matanov’s lawyer, Paul Glickman, would not comment when asked if the expected guilty plea means Matanov has an agreement with prosecutors and plans to testify against the only surviving brother, Dzhokhar Tsarnaev, at his trial. Matanov assured supporters that he would not. 

Friday, November 28, 2014

Matanov Gets New Lawyer, New Prison

 


Editor’s note:  Karin Friedemann is a TMO columnist.  Her opinions are her own.

The imprisoned Quincy, Massachusetts cabdriver from Kyrgyzstan, Khairullozhon Matanov prevailed in a motion hearing to fire his attorney on November 20, 2014. Judge Young kindly granted his request for permission to retain his former immigration attorney to represent Matanov, as he faces trial in June 2015 on charges of lying to the FBI and obstructing justice. The attorney switch went smoothly and politely between Edward Hayden, who was his court-appointed attorney, and Paul Glickman, his replacement, because Hayden agreed to step down voluntarily. Judge Young had denied an earlier request from Matanov to retain Glickman, but accepted the request upon appeal.
Glickman explained to reporters after the hearing that he was not originally appointed because he is not on the “CGA List.”
“I am on the appeals list but not the general list.”
However, pubic sympathy may have also softened the judge’s heart towards the defendant, who made headlines in October after being kicked in the head and teargassed by prison guards at the Plymouth County Correctional Facility, who played the US National Anthem repeatedly and called him “Muslim terrorist.”
“Matanov has told supporters in letters that he has been beaten by corrections officers, ridiculed and harassed, and he watched another inmate attempt suicide,” reported Milton Valencia in the Boston Globe.
“Some guards were trying to say that National Anthem of USA was not played at all, thankfully some brave inmates said indeed it was played for three times. I want the video of I am getting beat up should be released for public, so this way everybody know about their crimes. Already two more people told me about their torture and I am sure once it is gonna come out, there are a lots of people whom themselves experienced such a thing, will speak up,” wrote Matanov in his most recent letter to a supporter.
Several people wrote letters to the judge asking for mercy, which ended up in his docket. Some letters mentioned that the government asked the young immigrant to become an informant in exchange for his freedom but he refused.
Matanov was suddenly moved to Wyatt, a federal prison in Central Falls, Rhode Island, shortly before he appeared in court.
Entering the courtroom, Matanov kept his eyes downcast but did not look terrified or despairing as he had appeared in previous hearings, shortly after he was arrested by a SWAT team that came to his home. Despite having no history of violence, political activism or any criminal record, he has been kept in solitary confinement since May 2013. His hair is now longer, and he appeared somewhat unkempt, with beard stubble. He looked both tired and tired of this long ordeal. His head is likely still throbbing from the concussion, which he claims has not received adequate medical attention. Matanov wore olive green prison clothes, which were thin like hospital garments.
Judge Young began by saying to Matanov: “I don’t want a discussion of what happened between Hayden and you, or the charges against you: Why don’t you want Hayden as your attorney?”
“I have been working before with Glickman. I felt more confident while working with him,” answered Matanov.
“Mr. Matanov has been a perfect gentleman during these difficult times at prison. He has been respectful and appreciative despite the circumstances. I couldn’t do anything to alleviate his conditions,” explained Hayden humbly. He called Matanov a “star client.”
Judge Young asked Hayden why there has been no progress on this case. Hayden had not filed any motions or seemingly done much of anything to prepare for trial.
“Mr. Matanov was not a problem client. This is not a complex case. It is not difficult to get ready for this case,” said Hayden. “Because of the high notoriety of this case, I had to go to Plymouth two or three times to put out fires.”
Judge Young seemed to sympathize with the defendant. “This young man has the right to a speedy trial. I am ready to give him a prompt trial.”
Young asked Glickman, who was in attendance in the courtroom, if he would take the case. Glickman agreed. He assured the judge that he has been following the case and that there would be no delay if he were to take over the job.
“There can only be one attorney,” said Judge Young to Hayden. “I do thank you for everything you have done under these unique circumstances.”
Hayden said he did not oppose the assignment of a new lawyer.
At that point the judge allowed Matanov’s motion to withdraw his attorney. “I mean no disrespect. You have been ably defending your client.”
“The Plymouth conditions are deplorable. I think it’s fair to say that he may not have been treated well. There have been three suicides. The information the client gave is not unreasonable,” Glickman told reporters after the hearing, assuring them about how prepared he was for trial and implying the lack of any behind the scenes plea deal.
Matanov is not accused of playing any role in the April 15, 2013, Boston Marathon bombing but he had dinner with Tamerlan and Dzhokhar Tsarnaev the night of the bombing. He faces up to 15 years for downplaying his relationship with them, after he went to the police to identify the Tsarnaev brothers when their faces came on television.
Judge Young presided over the trial of the notorious “shoe bomber,” Richard Reid in 2003.

Thursday, July 24, 2014

Spy for us: Offer Refused!

Our America: Boston  http://newtrendmag.org/ntma1559.htm

Spy for us: Offer Refused! Family says Help the hungry in Syria. 
by Sis. Karin Friedemann


On Friday, July 18, a brief hearing took place in front of Judge William Young at the federal courthouse in Boston for Khairullozhon Matanov, the cab driver from Kyrgyzstan who had dinner with the Tsarnaev brothers the day after the Boston Marathon bombing in April 2013. He is accused of lying to the FBI about whether he happened to run into them at the restaurant or if he drove them there. He is also accused of deleting google searches from his computer knowing that the FBI would be visiting, even though everything he deleted was public information that provided no clues to the bombing investigation whatsoever.

Matanov's situation is an unusual case because the FBI used a drone to circle around his apartment building on numerous occasions and employed 3-4 FBI agents to follow him around wherever he went, 24 hours a day for one year. This incredible taxpayer expense resulted in not one single alarming activity being detected other than charitable wire transfers to his family overseas.

In a new development, the government seems to now be asking for 15 years under sentencing guidelines with terrorism enhancements for "destroying evidence," when in the previous hearing they were talking about 44 years.

In prison, Matanov was asked by the FBI to spy on "terrorists." He was also told that if he were to plead guilty, his sentence would be reduced to under 7 years.

A tentative trial date was set on June 8, 2015 for the young man, who is being held under 24 hour solitary confinement. The government offered this date, saying they wanted to give defense attorney Edward Hayden plenty of time to review the discovery, which Hayden said was a stack of paper about a foot high. Hayden agreed to this date "in good faith that I will need this time," while reserving the right to move the trial sooner.

This approach is polar opposite to all the other BMB related cases, where the prosecution has dumped millions of pages worth of unsearchable digital evidence upon the defense, and then insisted upon plowing forward with the proceedings despite defense cries for more time to not only review the evidence, but to figure out where the government is going with the case.

The US prosecuting attorney against Matanov is Scott Garland. Reporters asked Hayden if he thought Garland was playing games and Hayden replied he did not think so, as Garland had never played games in the past.

The defense is planning on filing another motion for release on bail, so another bail hearing is expected within a couple weeks. Hayden argued that Matanov is "in a stressful situation." Court filings which state Matanov, "whose ability to respond lucidly to questions has deteriorated because of his solitary confinement," ask the court to employ his previous attorney, Paul Glickman.

"Because Mr. Matanov is a very scared young man, thousands of miles away from his family members and facing serious criminal charges that may result in his exclusion from the United States, I believe that the trusting attorney-client relationship I have built with Mr. Matanov is critical to an adequate defense of this case," Glickman said in an affidavit filed in court. The judge refused to appoint Glickman but agreed to pay him a $2,500 consulting fee to assist Hayden.

While this is a small but pleasing improvement, two letters from Matanov received by this author have found him to be in a state of iman. His main concern is for his family. He may be a bit cranky due to fasting for Ramadan under prison constrictions. He has been feeling frustrated by inability to add people to his phone list or visitor list. He talks to his attorney and his mother overseas.

The young lady on the defense team told me he has a window looking outside. His cell is like a small room (no bars). However the prisoners are able to shout to one another through the walls.

July 22 Birthday Campaign for Dzhokhar Tsarnaev

In order to help in the SAMs case against Dzhokhar (Jahar) Tsarnaev's solitary confinement, Jahar supporters have suggested Ramadan charity actions in his name to demonstrate that the only thing Jahar "inspires" is good deeds and acts of kindness.

Jahar reportedly "had a big smile on his face" when he heard that people were doing this, but he asked that his deceased brother Tamerlan receive the award in heaven for these kind acts. Tsarnaev family members suggested donating to the hungry in Syria.

"Your kindness to others is the only gift he can receive. And the only gift he wants," writes Amber Bishop, who is spearheading the campaign.

Documentation of the beautiful deeds will be put into a humble scrapbook and given to the Tsarnaev family. If you would like to contribute to this effort please contact Amber Bishop on facebook or send an email to acbishop74@yahoo.com

"Get creative and get out there and do amazing things for people, animals, the environment, the sick, the needy, the voiceless. Make suggestions, post ideas, work in teams. Be unique so your act stands out. And feel good about what you are doing. A small act of kindness can go a long way in this world. It can start a chain reaction of good deeds. I can't wait to see what you send!" writes Amber.