Matanov Pleads Guilty

On Tuesday, March 24, 2015, a terribly sad and terrified looking 24 year old Khairullozhon Matanov entered a “guilty” plea to accusations that he had lied to the FBI about the extent of his friendship with Tamerlan and Jahar Tsarnaev. He had also deleted his search history from his computer, knowing that the FBI would soon be visiting. Because his lies and deletions were irrelevant to the Boston bombing investigation - he had lied about things like whether or not he ran into the brothers at a local halal restaurant, or if he drove them there, and everything he deleted was public information - he had long maintained his innocence of any criminal action. He had lied out of nervousness, not out of a desire to impede the bombing investigation; in fact he was the first person to go to the police to identify the brothers when their photos came on TV.

“I know who they are, but I don’t think they did it,” he told the police.

The tragedy of this case is that hundreds of people knew who those brothers were, but they did not say anything. And none of them are being prosecuted. This should tell us that it is always a bad idea to cooperate with any FBI request, even if you sincerely want to be helpful.

At the first hearing I attended for the young Matanov last year, the government had made many insinuations about his many generous wire transfers overseas to his family, “wondering” if he was funding terrorists. But since then all these transfers have apparently been accounted for, so the government was left with nothing but the obstruction of justice charges, which the judge himself noted were immaterial. The slimy government prosecutor made up for this by threatening “terrorism enhancements,” which could bring his maximum sentence from 20 years to 37!

Judge Young took a lot of time speaking directly to Matanov, making sure he understood the charges, that he understood that he is considered innocent until proven guilty, that he has a right to a trial, that he understood what he was agreeing to and what he was giving up by pleading guilty. It sounded like the judge was trying to talk him out of it. Matanov hesitated many times, consulting with his lawyer, before he went through with it, while wiping tears from his eyes.

He told the judge he felt he was innocent but he didn't want to go to trial and risk spending decades in prison, so he was accepting the deal. He really didn't want to plead guilty. He had written me in many letters how much pressure he was under. The government wanted him to work as an informant and told him they would let him go free today if he would agree. He refused. Then they said they would reduce his sentence to 7 years if he pled guilty. He refused. He wrote to me that his father was an honorable man and his grandfather was an honorable man and he would never plead guilty. However, during a prison visit he sadly told me that there are “very powerful people” putting a lot of pressure on his lawyer and he felt he had no other choice. It is still up in the air whether or not he will be deported after serving his 30 months prison time and 3 years probation.

Matanov is quite nervous about where they are going to send him. He had been beaten by guards playing the National Anthem, while being held at Plymouth County Correctional Facility. Activism from supporters resulted in him getting transferred to the much quieter pre-trial Donald Wyatt Detention Center in Rhode Island. He is no longer being beaten, but is being kept permanently in “the hole.” He is being treated differently than all the other prisoners. No one else gets put in “the hole” unless they cause trouble. He is being kept in isolation and even during the one hour of rec time per day, he is separated from the other prisoners by a fence. He said most of them are Latino. They are all allowed to talk to their families through glass, but he is forced to talk on a video monitor, which is very low quality and the sound crackles so bad you can’t hear. What is strange is that Stephen Silva, the Tsarnaev friend who was caught dealing heroin and admitted that he gave them a gun, is being kept in general population at the same prison, but Matanov, who is only guilty of paying for dinner, is being treated like a terrorist, maybe because he is Muslim. Matanov said the prison says they are isolating him for his own protection.

After he is sentenced, he will be moved to another prison. He was visibly nervous about this unknown, when I visited him earlier this month.

The judge has until the next hearing, June 18, to decide if he will accept the plea deal or reject it. If he rejects it, the case will go to trial and Matanov will again be presumed innocent, Judge Young said. Young told Matanov that if found guilty, he could sentence him to even less than 30 months. However, he could also choose to accept the government’s terrorism enhanced sentencing guidelines. What a totally confusing and horrible choice to have to make.

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. 

Matanov Gets New Lawyer, New Prison

TMO 

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.

Khairullozhon Matanov Brutalized in Prison

“I feel unsafe in PCCF, and I have a great fear for my life,” wrote Khairullozhon Matanov, 24, in a letter to this author postmarked November 1, 2014. Matanov is awaiting trial for allegedly lying to the FBI in an effort to downplay his relationship with Tamerlan Tsarnaev, accused Boston bomber who was killed by police in April 2013.

Matanov was severely beaten by guards after flooding his cell in protest against the constant Islamophobic harassment at the Plymouth County Correctional Facility (PCCF). The incident was reported in a letter from Matanov to a friend postmarked October 24, 2014 and also by a sympathetic fellow inmate, who has since been moved to another unit. The remaining inmates taunt him in a hostile manner. 

“They harass me so much, I don’t know what to do, they couldn’t see that I was being so peaceful, now even some ignorant inmates say bad things, and when they do it, the guards play the US National Anthem, it is awful,” writes Matanov.

The US National Anthem was also blasting on the night of October 22, when seven correctional officers sprayed tear gas into his cell. Unable to breathe, Matanov tried to get some air from under the door but was sprayed in the face. After allowing them to handcuff him, he collapsed. 

“When I was like half dead not moving at all they jump on me so badly. One of them stick his finger into my right eye (it’s swollen right now full of blood). After, the same person start saying, “You [expletive] Muslim terrorist” and kick my head... I pass out from pain, then I woke up when one of them twist my hand.”

Khair reports that he heard one of them say, “We have to take him out walking.”

“They took me out... the end? No! Horror just started. They put me in that chair with the spray all over my face and hands, left me for two and half hours in one room. I was crying and asking for help with my eye (literally burning with the pain). Ruthless human beings, I thought I am about to die. Fortunately for me it was not my time. I survived with lots of pain... No justice in this place.. If they will have an argument with me, they play national anthem, by the way when they came to get me in their suits they played the national anthem of USA. It is so awful, they are pulling USA down... I could hear and now I see they really really enjoyed this awful terror which they did against me.”

A week later, Matanov wrote, “Trying to get better, after all of this pain, but my eyes and my head is still not good, I can’t see properly, and I can’t read. If I do so my head goes crazy. They did not give me good medical care, even though I was beaten nearly to death.”

A former client of Matanov’s taxi service wrote in an email, “This is unbelievable. Months ago an officer told me the FBI sent him there so he would be safe...yeah right!”

Supporters contacted a number of agencies as well as the Consulate of Kyrgyzstan. It is hoped that the Kyrgyzstan ambassador to the US will visit Matanov as he did last Ramadan, after Matanov mentioned in a letter dated July 8 that he was not given any food for four days.

This is not the first time Matanov was punished for flooding his cell in protest of being singled out for harassment. In a letter postmarked August 21, he described another incident where he was stripped naked and taken to “Q5” - a cold, rubber room usually used for suicidal prisoners. He was left there without clothes, normal food or toilet for four days. 

“Now I told this to my lawyer, guess what, it was better to tell to a wall so I could hear the echo.”

Matanov’s court appointed attorney, Edward Hayden told Boston Magazine that “the injuries did not appear as extensive as what was described in the letter... He had a black eye, he had scrapes, bruises, and that’s what I saw…some of these letters and Tweets make it seem like he was beaten to an inch of his life, and that’s not true.” This was not the first time that Matanov’s lawyer undermined his case.

Bruce Gellerman tweeted on November 6 that Matanov filed a motion to withdraw his attorney Edward Hayden. There will be a closed hearing on November 20.

The government is putting Matanov under intense pressure because they want to break his resolve to maintain his innocence. He was offered his freedom if he would become an FBI informant as he wrote on July 15. When he refused, he was then offered a shorter sentence of seven years if he would plead guilty, he wrote on July 24.

The day after the attack on Matanov, an inmate at the same prison, Marcus Czaja, 32, was found dead in his cell while on November 3, Steven Wayne Roderick, 34, died at PCCF. Both deaths were ruled suicides. 

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.

Trial Set for Khairullozhon Matanov

July 24, 2014 by TMO 

On Friday, July 18 at the federal courthouse in Boston, the initial status conference hearing took place for Khairullozhon Matanov, the cab driver from Kyrgyzstan who had dinner with the Tsarnaev brothers the evening after the Boston Marathon bombing in April 2013. He is accused of lying to the FBI and deleting google searches from his computer in order to downplay his friendship with the brothers, after he went to the police to identify them. He is not accused of having any information about the bombing.

Matanov is represented by Attorney Edward Hayden while the government prosecutor is Scott Garland, the attorney whose overzealous tactics are believed to have caused MIT hacker Aaron Schwartz to commit suicide. Judge William Young is now presiding over the court. The previous judge, Marianne Bowler, for some reason does not want the case. Matanov, who is being kept in solitary confinement, is still waiting for Bowler to make a decision regarding his release on bail.

The hearing was very brief and there were few people in the courtroom.

When the judge asked Garland about sentencing guidelines, the prosecutor replied that with terrorism enhancements, Matanov would be facing up to 15 years if convicted. In the previous hearing, the government had asked for a sentence of 44 years; so possibly the public concern over prosecutorial overreach made a difference.

Garland proposed a tentative trial date on June 8, 2015, saying that he wanted to make sure Hayden had plenty of time to review the discovery material. Hayden said that this seemed “reasonable” and accepted Garland’s word “on good faith” that he would need nearly a year to prepare for this case. Judge Young intervened to suggest that the trial date could be moved closer at Hayden’s request.

Hayden had asked the court to employ Matanov’s previous attorney, Paul Glickman, as co-counsel, arguing that Matanov is “in a stressful situation.”

“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 ruled that he is to be paid a $2,500 consulting fee to assist Hayden.

It is easy to understand why Matanov might be frustrated with Hayden, who is an overworked public defender without much understanding about Islam, or possibly even the recent history of treacherousness government prosecutions of Muslims. He is definitely hopelessly naive about talking to the press, something he had already been warned about by Judge Bowler.

After the 20 minute hearing, Hayden stood outside the courtroom chatting with reporters, one of whom, Michelle McPhee, encouraged him to leak some information about what was in the pile of prosecution documents. He replied that he did not yet have time to review the discovery and could not say anything, but in order to make McPhee happy he mentioned that he looked at a random page of the foot high pile of paper and saw the photograph “with the flag.”

There have already been media leaks regarding a photo of Matanov and Tamerlan Tsarnaev taken at a mosque, in front of a black flag with Shahada written on it. McPhee quipped to Hayden that this was like posing in front of a swastika, and Hayden just smiled at her. Luckily, this author was present to straighten them out regarding the meaning of the flag, explaining that it was far more like going to a church and posing in front of a cross.

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 to 4 FBI agents to follow him around in unmarked vehicles 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.

A former client of Matanov told TMO that the young man “is a kind, considerate, wonderful young man who expressed that he loved it here and wanted to earn enough money to ‘bring his parents over.’ He expressed his love of little babies and hugging them and that they were ‘a blessing’ … not the sentiments of a dangerous person. My impression was that he would be a fabulous husband and father.”

While 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 could be reduced to under 7 years.

Todashev Relative Offers Home to BMB Suspect

A long bail hearing for Khairullozhon Matanov, friend of Boston Marathon bombing suspect Dzhokhar Tsarnaev, who is facing the death penalty, took place on June 4, 2014. The thin, fragile-looking 23 year old asked Judge Marianne Bowler for "voluntary incarceration" instead of requesting bail because he had nowhere to live, since he lost his job as a taxi driver on account of his arrest. This same Judge Bowler convicted Tarek Mehanna of terrorism support based on inflammatory rhetoric in April of 2010.

Upon hearing this pitiful news, Elena Teyer, the mother of the wife of Ibrahim Todashev, who was murdered by the FBI in his Florida home in May of 2013, immediately contacted Matanov's attorney Edward Hayden to offer the young man a room in her home in Georgia and volunteered to pay for his transportation there. She has never met the Tsarnaevs nor this man before, but since the murder of her son-in-law she feels strongly, "We are all family now."

In August 2013, Teyer's daughter, Todashev's wife, Reniya Manukyan traveled to Dagestan to visit Zubeidat and Anzor Tsarnaev, Jahar and Tamerlan's parents.

"We cried so much there's just no more tears left," Reniya said about the visit.

Teyer wants to testify in the Tsarnaev trial as a witness against the FBI but her letters to Jahar's attorneys go unanswered. This is despite the fact that government prosecutors added to the case against Tsarnaev a clause implicating his brother Tamerlan in a triple homicide based on an alleged confession Todashev "was about to write down" before the FBI shot him seven times.

"I saw the body. I saw the inside of the apartment where he was killed," she says.

Teyer is determined to fight for justice and for the truth to come out about this concerted government attack on Russo-Muslim immigrants to the US.

"I am recently retired from long term active duty in the US Army. I'm not like these kids [Jahar's friends]. I'm not afraid."

Khairullozhon Matanov, originally from Kyrgyzstan, probably has by now realized that he walked into a trap. When the FBI posted photographs of the Tsarnaev brothers on TV and asked the public to identify them, they already knew who the boys were and where they lived. Local police reported that the FBI already had Tamerlan's home in Cambridge under surveillance.

The FBI seems to have cast a dragnet to lure in anyone who might know the Tsarnaevs, so that they could then ensnare them into false testimony or else prosecute them; therefore creating a false public impression that the FBI had heroically disrupted a local "terror cell."

Matanov believed the Tsarnaev brothers would never have committed the bombing and presumably was hoping to clear their names when he contacted the Braintree, Massachusetts police department and offered to give them whatever information he had, which was limited to their names and addresses, because he had no information whatsoever about the brothers being involved in the bombing. A few days after it happened he had even invited them for dinner at a local restaurant, something you don't normally do if you think a person might be a dangerous criminal hiding from authorities. The police contacted the FBI, who contacted Matanov approximately 24 hours later.

Instead of thanking him for the information, the FBI then started an intense investigation on Matanov. They conducted many interviews with him over the next year or so, in addition to both overt and covert surveillance. The most obvious surveillance was reported to the media by neighbors: an unmanned aircraft circling around his home. The only surveillance FBI Agent Timothy McElroy, who was on the witness stand for the majority of Matanov's bail hearing, admitted to was what he called "bumper log surveillance" - following Matanov around in black, unmarked government vehicles, keeping him in sight at all times. Manatov was also contacted via his attorney and told to stay away from Boston's July 4 and Patriots Day celebrations, to which he complied.

The hearing focused on his money transfers overseas and the fact that he had asked a friend to dispose of some cell phones, knowing the FBI would be on their way.

The majority of the money was sent to his family but there were 15 people in 6 countries whom he wired money to that did not share his last name, some of whom he used false aliases to contact, for example he sent an undisclosed amount of money as Ali Hasan to Kamoliodin Niiazaliev. The defense argued that he operated an illegal business selling stolen cell phones overseas, and that these wire transfers had nothing to do with terrorism. The FBI testimony was deliberately vague and allowed court reporters to insinuate that the purpose of the money transfers was related to terrorism in order to create a media buzz.

Attorney Hayden told Elena Teyer that he will try to find out if Matanov could be released to her home or to that of another person in Massachusetts who volunteered their home, as well as the amount of bail. A commissary account is being opened for Matanov's needs in prison by members of the Free Jahar movement. It is hoped that once he understands that he is not alone, Matanov will stand up and fight for his rights instead of bowing his head in fear.

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

Tsarnaev and Friends: Boston Legal Updates

TMO 

Judge Strikes Down “Betraying America” Charge as Inflammatory

US District Judge George A. O’Toole Jr. at the John Joseph Moakley Courthouse.

A pre-trial hearing for Dzhokhar Tsarnaev took place on June 18, 2014. For the most part, there has been no progress in the Dzhokhar Tsarnaev case. SAMs are still in place, including an FBI agent taking notes on every prison visit involving attorneys and family together. At the same time the US government has not yet handed over the GPS of the Tsarnaev vehicle involved in the police chase to the defense. The government is still insisting on total control over the narrative that gets released to the public. The judge declined to penalize the government over media leaks.

However, Judge O’Toole did step in once, telling the US prosecutors that their charge of “Betraying America” was “obnoxious.”

“I agree with the defense position that it was unduly prejudicial,” O’Toole said.

Nevertheless, the prosecution will continue to use “He was comforting our enemies” as their main argument in the trial. It appears that pushing the issue of Tsarnaev’s interest in Islamic causes will be central to their case of explaining his motive, which will be the core of the government case for death penalty.

Azamat Tazhayakov Rejects Plea Deal

Tazhayakov’s lawyer, Matthew Myers, told reporters after a pretrial hearing on June 23, 2014 that prosecutors offered him a deal to plead to reduced charges but he turned it down. Myers would not disclose the terms of the offer.

“He knows he’s not guilty,” Myers said of Tazhayakov. “He’s confident.”

Nicholas Wooldridge, another lawyer representing Tazhayakov, said the defense is hopeful of finding an impartial jury.

“Even the average juror in Boston will be shocked by the lack of evidence,” he said.

At least 600 potential jurors for Tazhayakov’s case will be given screening questionnaires to fill out, in a defense attempt to weed out people with anti-Muslim prejudice and other factors. The final version of the questionnaire will be agreed upon by both sides.

Defense lawyers argued Monday that Tazhayakov and many other university students have been unfairly targeted because of guilt by association.

Federal prosecutors are facing the possibility that if the statements he made to the FBI while detained but not quite arrested were a result of intimidation, they could be thrown out of court and the entire case could be dismissed.

Khairullozhon Matanov Denied Bail

Judge Marianne Bowler arrived ten minutes late and then began a hearing for a young man from Kyrgyzstan on June 23, 2014 at 2:30pm with the words: “Well, Mr. Hayden, we are here at your request.”
Hayden’s client, Khair Matanov was the Quincy cab driver and friend of the Tsarnaevs who is accused of lying to the government about whether he drove his friends to the restaurant or if he met them at the restaurant.

At the last hearing, his government appointed attorney said “no contest” to incarceration due to his client being jobless and having nowhere to go. However, since more than one person offered their home to Matanov the lawyer actually then  went out of his way to look into the possibility. Hayden even found a job lead for the young man.

“Usually people have friends or family in the area, but [Matanov] didn’t have that resource, so it was up to me,” Hayden said.

Hayden argued that his client cooperated with FBI over extended period and met with them five times. The government watched his every move for one year and still haven’t found him doing anything terrorism related.

The government was forced to concede that Matanov is not “dangerous.” This is huge. The government only argued that he was a flight risk because he had so many relatives overseas. They further argued that because he worked 15-18 hours a day and sent all his money to his family, including paying for his brother’s heart surgery, this means there are many people who owe him a favor and would therefore harbor him. On this basis, Judge Bowler ruled in favor of his further detainment as a flight risk.

Even though bail was denied, this hearing was a very successful maneuver because it presented the defense with an opportunity to clarify in more detail about the money wire transfers and phones and the defense alibis. In the previous hearing, the FBI testimony dominated, but in this hearing, the defense did most of the talking. Khair’s alibi sounds reasonable. He sent money under a false name for tax purposes, but the money was earned legally. He sent $6500 to his grandfather, and even helped out a friend in Virginia who had lost his job.

To which Bowler responded, “before or after tax?” regarding the $71,000 total.

Hayden clarified beyond the shadow of a doubt that the government was was making innuendos regarding the money transfers being related to terrorism.

Hayden then argued that Matanov does not deserve to be locked up in solitary confinement for selling cell phones to Russia. Matanov regularly sold cell phones to Russia. The government admitted that the cell phones were not used for any terrorism related activity.

Matanov was the first person to go to the police to identify the Tsarnaevs after the FBI sent out their alert, according to the defense.

Another Tsarnaev Friend Ensnared: Todashev Relative Offers Home

TMO 

On June 4, TMO attended a bail hearing in front of Judge Marianne Bowler for Khairullozhan Matanov, 23. The young man, clad in orange, looked exhausted. He put his hands over his face, leaning on the table briefly before the hearing began. No friends or family were there.

“He was shaking and looked like he had just finished crying,” described court observer, Jill, who attended his first hearing.

Matanov, a friend of Boston Marathon bombing suspects Tamerlan and Dzhokhar Tsarnaev, is facing decades in prison for allegedly lying to the FBI and deleting files off his computer.

Matanov’s “lies” to the FBI were completely unrelated to the bombing. They included things like whether or not he drove the brothers to a restaurant or if they walked in, whether or not he ever watched movies on his computer, and if he had seen the photos of the brothers on TV or heard the the news on the radio, before he personally went to the police to identify them.

The FBI already knew who the brothers were. They had Tamerlan’s house under surveillance. The photos were intended to ensnare friends of the Tsarnaevs into becoming informants. Matanov believed his friends were innocent and had nothing of interest to tell the FBI beyond that he liked to play soccer with them.

As a result, the government is now accusing Matanov of the absurd, including: “hiking up a New Hampshire mountain in order to train like, and praise the mujahideen.”
Matanov’s computer deletions were easily recovered by the authorities after he gave them permission to search his computer – “saving them the time of having to get a search warrant,” Attorney Hayden quipped.

Yet prosecutors say Matanov “obstructed the FBI’s investigation of the bombings and the suspected bombers, and have caused the FBI to expend considerable additional resources during its investigation of the bombings and the suspected bombers.”

The files Matanov deleted were all public information that provided no additional clues whatsoever into the bombing. The FBI has been wasting ungodly amounts of money over the past year to spy on him. A large unmanned aircraft was spotted circling around his home. Several FBI agents were employed full time to follow him around in cars and to keep him in sight at all times around the clock, even following him into a dental office. Matanov’s needless incarceration continues at taxpayer expense.

Former prosecutor Matt Connolly writes in the Milford Daily News: “Matanov was exercising his right not to incriminate himself… All he did was try to distance himself from the Tsarnaevs thinking that his close connection with them would get him into trouble. If you know nothing about the crime being investigated you can’t obstruct it.”

Actually, the government indictment, which claims that Matanov hid his close relationship with the Tsarnaevs from the FBI seriously conflicts with the actual transcripts of police and FBI interviews with the defendant. Matanov’s lawyer made extensive use of these transcripts during the cross-examination of FBI Agent Timothy McElroy to demonstrate that Matanov immediately told the FBI everything he knew.

“I can’t imagine that they did it but I am willing to help,” the transcript reads.

According to his first FBI interview report dated 4/20, Matanov said that he saw and called Tamerlan often. Tamerlan drove Matanov to get his drivers license. Matanov told the FBI he often invited the brothers to Manasawa Restaurant, went to Tamerlan’s house, met his parents and skyped with Tamerlan when he went to Dagestan.

The indictment claims that Matanov told police detective Heslam he didn’t know whether Tamerlan lived with his wife and daughter. However, Heslam never asked about this.
According to the actual transcript, Matanov told the FBI he saw no one in Tamerlan’s apartment other than his wife and daughter.

The indictment accuses him of changing stories regarding whether or not he visited Tamerlan the Wednesday after the bombing. He admitted going to Tamerlan’s house during his first FBI interview. He didn’t withhold any information. The government allegation is referring to comments Matanov made to his roommate as well as a passenger in his taxicab, telling them he had not visited Tamerlan “in a while” and downplaying the relationship. He was not talking to the FBI. The FBI later talked to his roommate.

A Boston Globe editorial states, “Matanov charges look like a vindictive overreach.”

The hearing mainly focused on wire transfers Matanov made overseas. He appears to have been working very hard as a taxi driver to send money to his family. He sent money to 15 people in 6 different countries, sometimes using an alias. He also asked a friend to dispose of some cell phones. His lawyer, Edward Hayden, argued that Matanov was operating an illegal business sending stolen cell phones overseas. Neither the phones nor the wire transfers had anything to do with terrorism.

FBI Agent McElroy testified that he has no knowledge of anything on phones having to do with terrorism.

US prosecutor Scott Garland argued against granting Matanov bail, saying he was a “huge flight risk.” He speaks seven languages and has ties in six different countries. He has no reason to stay in the US – no family, no job, no property. He faces 20 years for obstruction of justice and eight years for each lie. He is likely to be deported after time served. “His only assurance would be his promise,” and the US alleges that he “repeatedly deceived authorities.”

Defense attorney Hayden then requested “voluntary incarceration” of his client, saying “there is no place for him to go.” Judge Bowler said if this changes, they could “revisit the issue.” She then asked if Matanov was ready to be arraigned.

As he stood to hear the charges read against him, Matanov gripped the table. He whimpered, “Not guilty” very quietly and was told to speak up. He repeated “Not guilty” to all the charges against him in a louder voice. The judge than warned Hayden to “be cautious regarding public statements,” alluding to a previous press conference. Matanov’s next hearing is scheduled for July 15 at 2pm. Matanov looked emotionally broken as US Marshalls shackled and handcuffed him.

Upon hearing the news of this “voluntary incarceration,” Elena Teyer, mother-in-law of Ibrahim Todashev, the friend of Tamerlan Tsarnaev who was murdered in his home in Florida by Aaron McFarlane, an FBI agent from Boston, was deeply moved. She immediately called Matanov’s attorney to offer her home in Georgia. Teyer has never met Matanov nor the Tsnarnaevs but she told TMO, “We are all family now.” Another supporter in Massachusetts also offered Matanov a home. Attorney Hayden said he would try to find out what the amount of bail would be.