Mysterious Boston Trial Begins: Defense Not Defending the Accused

http://newtrendmag.org/ntma1592.htm

The trial of Dzhokhar Tsarnaev began Wednesday, March 4. If anyone still held out any hope that we were going to get some answers, that the government would now be asked to prove their convoluted story related to the 2013 Boston Marathon bombing, or that Jahar’s lawyers were going to put up a fight, they were brutally disappointed like a slap in the face. I attended opening statements as well as court proceedings the following day and I am as baffled as anyone, for this is the most bizarre criminal trial anyone in history has ever seen.

The prosecution’s opening statement was as expected. It echoed what has already been leaked to the mainstream media, with a few embellishments that sound preposterous. Suddenly now they are saying Jahar’s UMass ID was found on the floor of his Honda Civic, covered in the blood of Officer Collier, the MIT cop who was killed while sitting in his car, as well as his blood covered gloves. Why would any murderer take off the victim’s gloves and then put them in his car? There was so much about the government testimony that begged to be ripped to shreds. Attorney William Weinreb drew upon public prejudice against Islam, calling the defendant  a “holy warrior” whose actions were motivated by a desire to die as a martyr and reach “paradise.”

Defense attorney Judy Clarke then shocked everybody by beginning her opening statement by conceding responsibility for “a series of senseless, horribly misguided acts carried out by two brothers: 26-year-old Tamerlan Tsarnaev and his younger brother, 19-year-old Jahar.”

Isn’t a defense attorney’s job to cast doubt on the government’s accusations? We all expected her top priority to be defending her client’s life but saying, “He did it” in the opening statements went above and beyond most people’s expectations. Seems to be a strategy to make the trial go by as fast as possible so they can focus on the sentencing phase, with the presumption that he is assured of a conviction no matter what arguments are presented. The defense did not cross-examine a single government witness.

I searched Jahar’s face for some sign of guilt or innocence but could find no information except that he is resigned to his situation and trying to stay positive. I watched his long, bony white fingers play with a pencil, standing it up on end, holding it upright awhile with one finger at its tip. His eyes remained downcast most of the time, though he occasionally glanced at a speaker. There was one particular cop that he glared at. Chatting with his legal team, he seemed almost too content with their decision, given that neither death nor life in prison seem like particularly good options. The second day, he looked pale and subdued. There is nothing about his demeanor that seems tense, angry, or fearful. One observer described him “like a lost puppy.” Similarly, a schoolteacher and potential juror that didn’t end up getting selected, blogged:

“There was no cloud of evil that floated around him, nothing that marked him as being different from one of my doofy sophomores.” [http://cognoscenti.wbur.org/2015/03/06/dzhokhar-tsarnaev-trial-erin-dionne]

I turn to his family for some kind of insight. Jahar’s Aunt Maret posted on weebly:

“That team of defense was forced on Dzhokhar. Dzhokhar, I know that from my brother Anzor, apparently was REFUSING those lawyers back in May-June of 2013, he told them to go away, that he did not want them (obviously, he did that since he detected that they were not there for his benefit). When the parents raised the issue before Judy Clarke and William Fick for the first time in June 2013, in Makhachkala, during their first visit, that they (the parents) would want to get a private lawyer to defend Dzhokhar, because they knew that public lawyers are government paid lawyers. Fick's (mostly, it was him pressuring this issue through) and Judy's response to that intention of the parents was "there is no way" you can do that and you will be allowed to do that. Fick said if one of the attorneys go, then the whole team goes. So, Judy Clarke and William Fick also were pushed down Dzhokhar's throat by the government. And, this team got Zubeidat somehow under their influence and that is how they worked out their defense strategy, according to which, they are painting Tamerlan as "self-radicalised" mastermind of the crimes and Dzhokhar is a follower. And there, you should see why Dzhokhar would be seeming indifferent during the court proceeding to those, who report from the courthouse. It was mentioned the other day that Dzhokhar felt nauseous on Thursday, would that be side effect, he was having as a result of drugs he was pumped in before that day's court hearing? Because I cannot image Dzhokhar feeling ok and sitting quietly, while Judy Clarke was given that murderous speech, knowing that that kid is totally innocent.”

It appears to me that both defense and prosecution agreed to steer clear of any mention of FBI involvement in the brother’s lives, in exchange for sparing Jahar’s life. Nevertheless, the judge is acting outrageously, constantly interrupting the defense and even at one point inserting his opinion that “there isn’t much evidence” that the accusations against Jahar are not true! How can that be legal? Whose job is it to censure a Federal judge?

Someone in touch with Jahar’s family shared with me several audiotapes of Jahar’s loving mother, which make clear that he comes from an intensely affectionate and deeply religious family. Whatever he did or did not do, he is not the victim of poor upbringing. “I wish you would have known how full of love we all were… how happy we all were…” Tamerlan used to kiss all of his mother’s toes, saying, “This is my paradise!” Jahar would become possessive and demand to massage her other foot insisting that he should be allowed to share in paradise!

According to his mother’s descriptions of her weekly phone calls with her son, Jahar seems to be in a highly elevated state of iman:

“Allah is with us, Allah watches us always… Everything is by Allah’s will. This is another test for us and we are thanking Allah, we never complain and we know that everything Allah does is for our benefit if not in this dunya then in the Hereafter... inshallah we all will rejoin in Paradise… Tell her (his sister Ailina who cannot visit him due to false accusations) to be patient and not to cry... whatever Allah’s decision is, that is what we are happy with.”

Interpret it how you will, this the mental state of the surviving brother. His sister Ailina gets up late at night to pray for all the Believers.

“We need to love each other like one body,” Jahar’s mother Zubeida implores us. 

“Alllah azza wa jal. He knows how his brother loved him and his brother will be waiting for us inshallah by Allah’s will in Hereafter and we will be all together inshallah.”

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. 

If Jahar didn't bomb the marathon, who did?

Boston - Accused Marathon bomber, Dzhokhar (Jahar) Tsarnaev’s last pre-trial hearing took place on December 18th. He still resolutely refuses to plead guilty for a crime he claims he did not commit. I watched the proceedings in the overflow room and also participated in a protest outside the courthouse, where I was interviewed by reporters from every news channel.

I explained to them that I want a fair trial for Jahar. The public deserves to know what really happened. We need to make sure we got the right guy. Erroneous media reports based on leaks from anonymous law enforcement officials have been presented to the public in lieu of evidence, and have greatly biased the jury pool against the defendant before he has even gone to trial. As to whether or not I personally think he’s innocent, I would say, based on past prosecutions by US Attorney Carmen Ortiz’s team in front of the same Judge O’Toole, that it is highly probable that the young man is simply a victim of anti-Islamic prejudice.

For example, Tarek Mehanna was sentenced to over 17 years for joking comments he made on the internet, which the government misconstrued as planning to commit terrorist acts. His trial was based on highly inflammatory statements against the Islamic religion, irrelevant evidence such as beheading videos, expert testimony from career neocons, and plea bargains from acquaintances who were facing decades in prison unless they testified against Mehanna. Based on the media reports, during the time of the trial, many people in the Muslim community refused to stand up for their brother and spent energy distancing themselves from him. It was only after sentencing that he was allowed to speak out about his unjust conviction.

In Jahar’s case, he is not just accused of thought crimes but actual explosions that killed and maimed people. If he is innocent, then the real bomber is still at large. In the worst case scenario, Jahar was chosen as a fall guy to cover up for a plot that is much more sinister. So far, there have been no bomb making materials found in either his home nor that of his brother. The government has never once claimed that the fireworks that his friends took out of his dorm room were linked to the bombing. The government prosecuted the friends for lying about throwing away the backpacks, in order to pressure them to testify against their friend.

If there is evidence that Jahar and his brother Tamerlan had something to do with the Boston Marathon bombings, then the public still deserves to know the bigger picture. I have no problem with executing a criminal who committed murder but I have a huge problem with someone being executed in order to silence him. The government has silenced almost every potential defense witness. Jahar’s friends, relatives, friends of friends and even relatives of friends of friends have been deported, imprisoned and even killed by the FBI. The defense complains that they are having trouble getting anyone to talk due to government intimidation.

Furthermore, defense lawyers have complained that the prosecution is being evasive instead of presenting clear arguments as to why they believe he is the bomber. They don’t seem to want to “unravel the mystery.”

I don’t know if the truth will ever come out in this courtroom. It is not being played as a straightforward prosecution. The government is playing chess, not proving their point.

Hearing after hearing, the defense has been begging the prosecution to present their argument. Instead, the government has dumped on them millions of pages of unsearchable computer records without any explanation as to their significance. US Attorney Weinreb has consistently argued, with a smirk on his face, that if the government were to present their case to the defense, the defense would be able to come up with a counter-argument, which would be unfair to prosecutors; therefore they need to keep the element of surprise. Yet at the same time, the government has been illegally feeding news stories to the media. The defense complained that they are learning more about the government’s narrative of this case from the television than they are getting from the other attorneys. The government is not playing fair, which leads to the question of whether it is covering up the truth.

In 95% of cases since 9/11, where Muslims are accused of terrorism related acts, the FBI has been involved. We need to know more about the extent of FBI involvement in the Boston Marathon bombing suspects’ lives. His mother stated to reporters last year that the FBI had been interviewing Tamerlan on a regular basis for two years before the bombing. He had been asked to become an informant. They knew him well. So, the most likely scenario is either that he bombed the marathon as an employee of the FBI, or else that he was framed for a crime he did not commit in retaliation for refusing to become an informant for the FBI.

I don’t want to live in a country where the FBI can just come into your house and murder you because you knew somebody, where they can just accuse you of a bombing and then, instead of presenting evidence in a court of law, make up TV docu-dramas about you without even consulting you for your side of the story. Perhaps it’s not as important to ordinary Americans that their government obey the rule of law, but as someone whose parents came to this country and swore their allegiance to the US Constitution, I see no other course of action possible other than standing up and fighting for what my country stands for.

Dzhokhar Tsarnaev is an American citizen with rights. He came to this country as a refugee. He loved living here. He had many friends, no criminal record, and absolutely no motive to hurt anyone. If people don’t stand up for his rights, next week it could be your son in shackles.

Government Aggressively Seeks Defendant’s Associates; Defense Fears Intimidation

TMO 

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

Demonstrators held signs in front of Boston’s federal courthouse on October 20, 2014 during the last hearing for Dzhokhar Tsarnaev, who was accused of the Boston Marathon bombings.

Arina Montag of Haverhill, Massachusetts told reporters she believes Tsarnaev and his late brother are being unfairly prosecuted.

“I believe the boys have been set up,” she said. “I haven’t seen any actual evidence against them. I mean I’ve seen circumstantial evidence. Nothing that actually links them to what they are allegedly being accused of doing.”

Elena Teyer, the mother-in-law of Ibragim Todashev, was one of the seven people speaking out against the justice system. Her daughter’s husband was shot seven times and killed in his Florida home by federal agents from Boston in May 2013. Teyer held a collage of his autopsy photographs.

“I am dead because I knew Tsarnaevs. I knew the truth,” her sign read.

Teyer told reporters about the email between FBI agents after they killed Todashev. It says, “Good work. A job well done.” The email congratulated the FBI team for their success! It did not say, “Well that turned uglier than we had planned.” This can only imply that they were sent from Boston to Orlando to murder a potential witness.

“They came from Boston to kill my son-in-law. I know that for sure.”

“We are all here for justice,” said Teyer, detailing to reporters the holes and inconsistencies in law enforcement’s account of Todashev’s death.

The news story of the alleged Todashev confession – that he and Tamerlan Tsarnaev were involved a drug-related 2011 triple homicide in Waltham, Massachusetts – was originally leaked to the media by reporter Michelle McPhee. There is a bloodstained note partially written, never signed. Todashev apparently had refused to continue with this forced confession, and paid with his brains splattered next to his front door.

Government prosecutors mentioned this unsigned confession letter in a previous court filing as if it were indeed undisputed fact. Defense attorneys have since tried repeatedly without success to compel the government to give some more details about these murders, which seem to be unrelated to the Boston Marathon bombing.

On October 24, 2014, four days after the hearing, US prosecutors filed with the court their opposition to Tsarnaev’s Fourth Motion to Compel [Discovery]. In order to avoid having to hand over any evidence to the defense, US prosecutors now suddenly admit:

“The government has no evidence that Tamerlan Tsarnaev actually participated in the Walham murders.”

J.M. Lawrence, who writes for Bloomberg and the Boston Globe, tweets: “If US ‘has no evidence’ Tamerlan murdered 3 in Waltham, was the Todashev ‘confession’ in FL false? Lots of unanswered questions.”

McPhee’s most recent article in Newsweek entitled “Twisted Sisters” took heat inside the courtroom. The Islamophobic article painted a negative picture of the Tsarnaev family and contained a number of factual errors. McPhee’s article states that she was tipped off by a high ranking law enforcement official. McPhee is also the source of other erroneous stories related to the Boston Marathon bombing like the “note in the boat.”

Media leaks are very serious, because the TV version of events is extremely absent from the actual court proceedings – but heavily weighs the jury’s mindset against the defendant. Tsarnaev’s motion to address leaks “requests that the Court hold a hearing, and direct government counsel to produce the supervising law enforcement officers with access to information about this case including both federal and state supervising agents or officers – to testify about their instructions and efforts to investigate and stop unauthorized communications with news media.” 

The other big issue is the government intimidation of witnesses. The government wants the defense to reveal the names of Jahar’s old friends and relatives long before the trial. This is something that is not normally done, and the defense is not going along with it, because they fear for the safety of these people and they also fear that these people once the FBI starts harassing them, will cease to become defense witnesses.

“Defense counsel have described the unusual and severe obstacles they have encountered in their efforts to interview and secure testimony from potential witnesses who knew the defendant, Tamerlan Tsarnaev, and other members of his family prior to April 15, 2013… A substantial part of these difficulties stems from the aggressive, persistent and pervasive law enforcement presence in the lives of many potential defense witnesses, and the atmosphere of fear and intimidation that has necessarily followed…”

“Given the virtual certainty that the FBI will descend on each of the non-expert witnesses to interview them (and in most cases, to re-interview them), the defendant has a well-founded concern that in the very unusual context of this case, defense witnesses whose identities are disclosed to the government prior to trial will quickly cease to be defense witnesses. For this reason, the defense does not agree to a witness disclosure requirement that is not mandated by statute or rule.”

1,000 potential jurors will be screened for Tsarnaev’s trial, District Judge George O’Toole said at Monday’s hearing. The process of picking the 12 jurors and six alternates who will hear the case against Tsarnaev is expected to begin on November 3, 2014.

Exciting Developments in Tsarnaev Case

"The government has no evidence that Tamerlan Tsarnaev actually participated in the Walham murders."

http://newtrendmag.org/ntma1574.htm


On October 20, 2014, Tsarnaev's most recent status conference hearing took place. Seven demonstrators spoke to the flock of reporters reminding them about their legal obligation to promote the presumption of innocence.

"I haven't seen any actual evidence against [the Tsarnaev brothers]. I mean I've seen circumstantial evidence. Nothing that actually links them to [the bombings]," stated demonstrator Arina Montag.

Elena Teyer is the mother in law of Ibrahim Todashev, who was shot 7 times in his Florida home by Boston FBI in May of 2013. Elena drove for three days, sleeping in her car in order to be present at this demonstration. Her brave diligence was noted.

Associated Press' Denise Lavoie reported, "Elena Teyer held a placard with photos of son-in-law Ibragim Todashev. 'I am dead because I knew Tsarnaevs. I knew the truth,' the sign read in part."

"'We are all here for justice,' said Teyer, pointing to Ibrahim's autopsy photos, explaining what she believes to be holes and inconsistencies in law enforcement's account of Todashev's death," reported Morgan Rousseau in the Boston Metro.

"They came from Boston to kill my son-in-law. I know that for sure."

Elena mentioned to reporters the email between FBI agents after they killed her daughter's husband. It says, "Good work. A job well done." It did not say, "Well that turned uglier than we had planned." The email congratulated the FBI team for their success! This can only mean that they were sent from Boston to Orlando to murder the potential witness.

Meanwhile, inside the courthouse, defending attorneys complained of media leaks. In particular, a recent Newsweek article by Michelle McPhee, entitled "Twisted Sisters," painted a negatively biased picture of the Tsarnaev family. It was Islamophobic and contained a number of factual errors. McPhee's article states that she was tipped off by a high ranking law enforcement official. McPhee is also the source of other weird stories related to the Boston Marathon bombing like "the note in the boat."

This is very serious, because the TV version of events is extremely absent from the actual court proceedings but heavily weighs the jury's mindset against the defendant. Four days after the courthouse protest, on October 24, attorneys filed three very interesting documents: Tsarnaev's defense team filed their Third Motion for a Hearing to Address Leaks by Law Enforcement, and a Memorandum Regarding Scheduling, which addresses government intimidation of witnesses. The government filed its opposition to Tsarnaev's Fourth Motion to Compel [Discovery].

Tsarnaev's motion to address leaks "requests that the Court hold a hearing, and direct government counsel to produce the supervising law enforcement officers with access to information about this case including both federal and state supervising agents or officers - to testify about their instructions and efforts to investigate and stop unauthorized communications with news media."

The next illuminating document discusses government intimidation of witnesses. The defense argues that they are not legally obligated to disclose the names of Jahar's friends, as the government demands.

"Defense counsel have described the unusual and severe obstacles they have

encountered in their efforts to interview and secure testimony from potential witnesses who knew the defendant, Tamerlan Tsarnaev, and other members of his family prior to April 15, 2013... A substantial part of these difficulties stems from the aggressive, persistent and pervasive law enforcement presence in the lives of many potential defense witnesses, and the atmosphere of fear and intimidation that has necessarily followed. This problem, and the consequent slowing of the pace of the defense mitigation investigation, was one of the reasons why defense counsel sought a continuance of the trial date to September 2015..."

"These same concerns make it impossible for the defense to voluntarily agree to disclose to the government the names of non-expert witnesses long before they are to be called. Given the virtual certainty that the FBI will descend on each of the non-expert witnesses to interview them (and in most cases, to re-interview them), the defendant has a well-founded concern that in the very unusual context of this case, defense witnesses whose identities are disclosed to the government prior to trial will quickly cease to be defense witnesses. For this reason, the defense does not agree to a witness disclosure requirement that is not mandated by statute or rule."

In the government's response to defense requests for more information about Todashev's alleged confession regarding the triple homicide in 2011, in order to avoid having to hand over any evidence to the defense, US prosecutors now suddenly admit:

"The government has no evidence that Tamerlan Tsarnaev actually participated in the Walham murders."

J.M. Lawrence, who writes for Bloomberg and the Boston Globe, tweets: "If US 'has no evidence' Tamerlan murdered 3 in Waltham, was the Todashev 'confession' in FL false? Lots of unanswered questions."

The Todashev confession news leak also came from, surprise! McPhee. Government prosecutors mentioned Ibrahim's confession in an earlier court filing as fact. This is a common practice in shady politics: leak news report, then refer to news report in legal case. But if Todashev is now suddenly considered innocent, why did he write a blood-stained confession note?

1,000 potential jurors will be screened for Tsarnaev's trial, District Judge George O'Toole said at Monday's hearing. The process of picking the 12 jurors and six alternates who will hear the case against Tsarnaev is expected to begin on November 3, 2014.

Tsarnaev Case Inches Forward

TMO 

The most recent status conference for Boston Marathon bombing suspect Dzhokhar Tsarnaev took place Thursday, September 18, 2014 in front of Judge George O’Toole. The defense lawyers in attendance were David Bruck and Timothy Watkins; the prosecution team consisted of William Weinreb, Aloke Chakravarty, Nadine Pellegrini and the newly hired African American assistant attorney Donald Cabell.

Considering the gravity of the case, the atmosphere in the full courtroom before the judge entered was strangely chatty and jovial, almost like a cocktail party, in which employees affiliated with government and media appeared to be pleased as punch to see each other. Only the defense lawyers appeared to be taking their responsibilities towards the American people to “get at the truth” seriously.

Tsarnaev, who has not been seen since his first court hearing when he pled “Not Guilty,” was again not present for the proceeding. The prosecution stated that they want Tsarnaev to be present during the final pre-trial and for jury selection. His lawyers said they will ask him how he feels about this.

The hearing was once again an exercise in hypocrisy on the part of the government, which made clear that the prosecution is more interested in convicting the young man as soon as possible than unravelling the mystery of the bombing. They can’t let this case settle down because if the case were tried on facts rather than emotion, a conviction would not be guaranteed. The two sides do not share an even playing field.

The government has 177 FBI scientists and technicians working on this case while the defense has only a handful of lawyers that have almost no information to work with other than what the government has provided to them. Even as recently as this week the defense was flooded with more discovery from the government, which they should have received a year ago, argued defense attorney Bruck, who complained:

“The government said they were finished in September but we continue to receive matters… critical issues.”

US Attorney Weinreb, refusing to cooperate in good faith, cynically mocked defense arguments from previous hearings:

“We have received absolutely nothing,” Weinreb complained. “The defense refuses to hand over any discovery unless it will be used in court. The law needs to be interpreted in a responsible manner. The defense is gathering things at the last minute… A couple weeks after government gives discovery, the defense is supposed to respond. The government needs these materials to strategize decisions. We need to know what witness are going to say. We need reciprocal discovery.”

The defense reminded the court that this is about a human life: “It is not true that there is equivalence between the government and defense.”

In what would appear to be obstruction of justice, prosecutors refuse to hand over Tamerlan Tsarnaev’s computer data saying “Dzhokhar Tsarnaev is on trial here not his brother.”

How could Tamerlan’s information be irrelevant to the case? Didn’t the brothers supposedly bomb the marathon as a team-according to the media? Tamerlan’s computer data could potentially demonstrate that Jahar was influenced by his brother’s radicalism, but it’s quite likely the data could also potentially show that Tamerlan was not violently motivated and cast doubt on the whole scenario.

Judge O’Toole sided with the prosecution by replying to the defense, “The government needs to hand over information they won’t use?”

While the prosecutors play games, they still continue to push for a November 3 trial date. Tsarnaev’s defense insists they are “utterly unprepared for trial.” Despite the overwhelming amount of irrelevant evidence the defense attorneys have to sift through, as “Tsarnaev’s whole life has been seized by the government,” the defense still has not been advised precisely as to what the government’s actual argument is going to be.

The defense has been hard at work overseas interviewing family and people who knew Tsarnaev. This has proven to be a huge challenge since most people are afraid to speak to the attorneys, a logical fear given what has happened to any of Tsarnaev’s friends who have been willing to speak to authorities.

“We have done our best to meet the trial date. It cannot be done. The defendant has a right to a fair trial but there is a broader interest as well,” Bruck pleaded.

“The day of bombing, Obama said we will find out who did this and why. This is the question everyone wants answered. It is not in the interest of victims for there to be half a trial. We need to get to the bottom of this. There are the gravest reasons for this. It won’t help anyone for the case to be tried before evidence is fully developed.

“If the government hadn’t asked for the death penalty this would have been over a long time ago. Asking court to set date fair to the defendant,” Bruck added.

Weinreb postulated, “Question is, how much time should be allowed to get to the bottom of it. I would wager that if you give them three years they’d take three years.”

Tsarnaev’s attorneys want the trial delayed until September 2015 based on past capital cases involving Russian defendants, which took over 4 years to prepare due to the difficulty of overseas investigating potential mitigating evidence. Compared to the 119 federal death penalty cases in the past decade, the timetable to trial in this case is half the median of others.

The government is still pressuring the defense to provide a list of the arguments their expert witnesses plan to use on why the accused terrorist should live, for example mental health issues, while the defense claims that this request is unconstitutional and refuses to comply since such a list “assumes guilt.” No court has ever provided a list of mitigating factors before the jury pool, Bruck argued.

The defense continues to grapple with the countless unsubstantiated media leaks that are heavily influencing public opinion and thus tainting the future jury.

Government Pays $66K for Testimony Against Tsarnaev Friend

TMO 

Stephen Silva, 21, seen after his November arrest on drug charges, was arrested again in July on federal charges of heroin trafficking and possession of a handgun with an obliterated serial number.

Stephen Silva, 21, an immigrant from Cape Verde and childhood friend associate of Dzhokhar Tsarnaev, was arrested with marijuana in November 2013 but not charged until July 15, 2014 when a Federal Grand Jury suddenly alleged that in February 2013, he “knowingly received and possessed a firearm, to wit: a Ruger model P95 9mm pistol, which had the importer’s and manufacturer’s serial number removed, obliterated and altered and had previously been shipped and transported in interstate and foreign commerce.”

“He has not been charged with anything related to the bombing,” stressed Silva’s attorney Jonathan Shapiro.

The court document filed On July 15, 2014 actually says nothing about the gun being given or sold to Tamerlan Tsarnaev, who was killed after a shoot-out with police. Since Tamerlan’s gun was recovered at the scene, and was never found in Silva’s possession, where is the evidence that Silva ever had a gun?

Jane24 commented on firedoglake that “the narrative promoted, in the most part, by the mainstream media, claims that the firearm alleged to have been in Silva’s possession, a Ruger P95 9mm pistol, was the weapon used in the murder of MIT Officer Sean Collier on the night of 18th April, 2013. The mainstream media, as has become common in all cases related to the bombing of the Boston marathon, credit their “additional information” to that most credible source, the “anonymous law enforcement official.”

His friends are shocked by the allegations, because although Silva was known to smoke marijuana, he was not known to deal heroin or possess a gun. Silva was studying political science and planned to go to law school and become a public defender.

“He does not belong in federal prison,” said the 20-year-old woman who knew Silva at Cambridge Rindge and Latin and at UMass-Boston and described him as a “fun-loving, open person.”
Silva’s long time girlfriend Aisha told TMO that “all of these charges against him ARE RIDICULOUS and untrue. He should not be punished just because him and Jahar went to the same high school. They are individuals and should take responsibility for their own actions. THERE SHOULD NOT BE GUILT BY ASSOCIATION. I know for a fact what the media is reporting is UNTRUE and not the real Stephen. Therefore, I will stand by Stephen’s side through this,” she insisted.

“Silva was identified by MBTA police then as a ‘street-level’ drug dealer, which is at the bottom of any drug-dealing enterprise,” reports Patricial Wen in the Boston Globe. So why is he being targeted with federal charges? Why is he so important?

“As far as we are aware, the FBI has seemingly little evidence to tie either of the Tsarnaev brothers to the murder of Officer Collier. Could it be that they need a witness for the prosecution in the case of Dzhokhar Tsarnaev? If this was the case, how far would the FBI be prepared to go in order to attain that witness?” asks jane24.

The court document filed Wednesday, September 10, 2014 demonstrates how far they would go. An unnamed cooperating witness “CW-1,” who is said to have purchased drugs from Silva, and who himself was facing charges, will testify against Silva in exchange for his freedom, $66,025 and various other favors. The document reads:

“CW-1 was at one time a member of a violent street gang. At the time CW-1 started cooperating, CW-1’s relative was facing federal drug and firearm charges. CW-1’s relative, who has also cooperated with the government, has pled guilty to those charges pursuant to a standard cooperation agreement with the US Attorney’s office.”

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

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

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

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

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

According to the September 10, 2014 court document Silva, who is being held without bail in a secret location, was called before “a federal grand jury over a year ago in connection with another matter and invoked his Fifth Amendment rights.”

Could it be that yet another young immigrant has been targeted with federal incarceration because he had previously failed to cooperate with the FBI?

Federal Witness Paid $66K to Incriminate Stephen Silva

Our America: Guilt by association in Boston Bombing Case.


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

http://newtrendmag.org/ntma1567.htm

Tsarnaev Defense Thwarted

http://newtrendmag.org/ntma1563.htm

“In this type of case it should be cut and dry. Why the dance?” read a tweet commenting on ongoing arguments between government prosecutors and the defense attorneys representing Dzhokhar Tsarnaev during the latest status hearing for Tsarnaev on Thursday, August 14.

The first item under discussion was leaks to the media, which unfairly present the defendant as guilty before trial. This has been an ongoing problem, which the defense has repeatedly asked the judge to do something about. Once again, Judge O’Toole claimed that “this concern is taken to heart” but denied the Tsarnaev motion to seek relief, other than advising government officials not to talk to the media. He once again refused to create consequences.

Next, the “firewall” issue came up. An FBI agent is monitoring all conversations during prison visits between Tsarnaev, his sisters, and his attorneys. The defense has repeatedly stated that they cannot speak freely in front of the FBI, given that the FBI is part of the prosecution team and this violates client-attorney privilege. However, the judge felt “there is prudence in monitoring some way.” He ordered the government to keep a log of communications but not content, for example, “spoke to warden.” He saw no reason for further relief.

Regarding the defense request for further discovery regarding the murder of Ibrahim Todashev,” whose alleged confession that he and Tamerlan Tsarnaev had committed a triple murder of some drug dealers in Waltham, Massachusetts, was written into the legal case of Dzhokhar Tsarnaev as if it were fact, the judge said he had reviewed the classified government document this claim was based on “in camera” and he saw no reason to compel further discovery in order to allow the defense to question it. Once again we are seeing the use of secret evidence that the defense cannot see, in a prosecution of a Muslim.

Next, the defense complained that the government is demanding to know who the defense will call as witnesses during the penalty phase of the trial. They said revealing their arguments against the death penalty before their client has even gone to trial would “chill the defense.” They complained that although the prosecution handed over a 108 page list of expert witnesses they might call on during the trial along with their biographies, the defense feels entitled to more specific information on what the government’s case against Tsarnaev will be. They are still completely “in the dark” about the government’s position, they said, beyond the media leaks they have come across on TV. Tsarnaev’s defense is asking the judge to compel the government to deliver "more complete disclosure."

“We are ‘mystified’ as to what evidence the defense is looking for,” claimed US attorney Weinreb most cynically. “We've given them everything we have!”

At the same time the government is claiming that the defense has not handed over any information to them. The defense retorted, “We don’t have any information other than what the government gave us!” Tsarnaev’s attorneys complained that the government has access to a worldwide network of investigators while the defense has nothing to work with other than the 6-7 terabytes of data that the government handed over: thousands of hours of audio and video recordings, tens of thousands of photographs, every email Tsarnaev ever sent, as well as forensic evidence such as fingerprints, DNA, bullet casings, test results, witness injuries and the like. However this information is neither labeled nor indexed in any way that the information can be searched easily, nor matched with each other; for example photos are not in the same file as the description of what expert witnesseses plan to say about the photos. So the defense has no idea what point the government is trying to make, and would have to click on literally millions of links trying to piece together this information. 

The amount of evidence given to us from the government is "massive and disorganized... breath taking!” stated the defense. They want more time to sort through all this madness. Similar tactics of overwhelming the court with huge amounts of irrelevant information have been used against many other Muslim defendants: for example if they ever watched a video of a beheading online, this video would be used as “evidence” against them, even though realistically, who knows what their opinion of the video actually was?

The government accused the defense of “trial by ambush” and insisted that the defense lay down all their cards on the table regarding their anti-death penalty arguments.  “We will have no opportunity to prepare our witnesses. The result will be that the jury will only be hearing one side of this case.” The defense responded, “It is a weightier discussion to take a life than to spare it. We have more rights to discovery than the government.” The judge will consider the matter.

“The fact that they threw in the bathtub and the bathwater doesn’t excuse not disclosing their expert witness opinion summaries.” It will take months, if not years, even if all three defense lawyers work to figure out which files are interesting. “It’s too important to put a secretary on it.”

The defense complained that in the past, the FBI has mismatched fingerprints and photographic evidence. They need more information about how the evidence was collected, before trial, to determine if the evidence is “reliable.” The defense wants the government to “contextualize” the data, saying “it’s almost a random process.” 

O’Toole refused to rule on this issue immediately. The change of venue request is to be addressed orally next week, while mid-September is the target for jury summons. 

In short, Tsarnaev’s legal proceedings are “at a standstill” since O’Toole refuses to compel the government to play fair.

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.

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.”