Marathon Bombing Case: They Forgave the killer of 9 in Charleston, but not Dzhokhar.

On Wednesday, June 24, 2015, Dzhokhar "Jahar" Tsarnaev finally spoke.

"I would like to begin in the name of Allah, the exalted and glorious, the most gracious, the most merciful, "Allah" among the most beautiful names. Any act that does not begin in the name of God is separate from goodness."

The victims, the jury, nobody was expecting this religious sermon.

"He did crack up and pause a few times, it sounded like he was trying to compose himself," stated a courtroom observer.

Before thanking his attorneys, he invoked the name of Muhammed. He thanked those who testified on his behalf, he thanked the jury for their service, and even the Court.

"The Prophet Muhammed, peace and blessings be upon him, said that if you do not show mercy to Allah's creation, then Allah will not have mercy on you, so I'd like to apologize now to the victims, to the survivors. Now, I am sorry for the lives that I've taken, for the suffering that I've caused you, for the damage that I've done. Irreparable damage."

What he said satisfied neither the victims nor those who continue to believe that he was framed.

"Immediately after the bombing, which I am guilty of - if there's any lingering doubt about that, let there be no more. I did do it, along with my brother."

Those who were hoping he would 'do a Tarek Mehanna' political speech got instead a speech on forgiveness that sounded at once sincere yet highly scripted, but answered nobody's questions like why? or how?

"Now, I am a Muslim. My religion is Islam. The God I worship, besides whom there is no other God, is Allah. And I prayed to Allah to bestow his mercy upon the deceased, those affected in the bombing, and their families. Allah says in the Quran that with every hardship is relief. I pray for your relief, for your healing, for your well-being, for your strength. I ask Allah to have mercy upon me and my brother and my family. I ask Allah to bestow his mercy upon those present here today. And Allah knows best those deserving of His mercy."

This convoluted sort of apology left everyone scratching their heads.

Why would he wait until AFTER he was found guilty and sentenced to death to apologize? And why, how, what the heck - and how is it that he is suddenly speaking with a thick Arabian accent? Not a Russian accent. He sounded Middle Eastern, two different observers told New Trend. It really was him, they said, but strangely out of character. He used to talk like "Yo what's up."

The most bizarre part of it is that not only Carmen Ortiz the lead prosecutor, but Judge O'Toole made public statements condemning Jahar's interpretation of his own religion.

"You did it on purpose... It is tragic, for your victims and now for you, surely someone who believes God smiles on and rewards the killing of innocents believes in a cruel god. This is not and cannot be the god of Islam," said the judge right before condemning Jahar to death. So is he being executed for murder or for a politically incorrect interpretation of Islam?

U.S. Attorney Carmen Ortiz, whose office prosecuted Tsarnaev, said she was "struck more by what he didn't say.

"He didn't renounce terrorism, he didn't renounce violent extremism, and he couched his comments in line with Allah and Allah's view, which gave it a religious tone, and there was nothing...about this crime that was Islam-associated."

Tsarnaev adhered to a radicalized version of Islam was not in line with the faith's "peaceful and loving" roots, Ortiz explained.

"The youth will not stay quiet while America is killing the innocent Muslims. As my sons there will be many many many inshallah! And I will die with my love towards them," texted Jahar's mother to a supporter.

"Your country kills the brothers and sisters and those good hearted and beautiful souls like my sons who love their ummah cannot see the conspiracies of your government towards our ummah and things like that happen! For example if someone kills my brother or my sister I will not blink and destroy whoever killed them - why?? Because I love them...Everything is by Allah's will... Allah knows the intention and the purity of it and what was the intention for!" concluded Jahar's mother.

I am worried that they are going to execute Jahar before we learn the true story. His statement created as many questions as it answered. This is quite a decade, quite a century, already. However, Jahar has been moved to a prison in Florence, Colorado. It is nearby but not the same place where Imam Jamil al-Amin is being held in Supermax.

Boston Marathon Bombing Court Appeals Begin: Public Donating For Tsarnaev Funds.

On Tuesday, December 1, 2015, Dzhokhar Tsarnaev's attorneys brought up a number of arguments at Moakley Federal Courthouse in Boston. I watched the hearing on the screen in the overflow room. The first order of business was an attempt to reduce the number of charges against the young man. He was convicted of 30 counts, several of which are more than sufficient to result in the death penalty. His attorneys argued that the sheer number of counts against him overwhelmed the jury and caused them to be influenced in favor of the death penalty.

They would like to have a retrial in a different city because the locals of Boston are likely to be driven by revenge since they were personally affected by the tragedy. In their motion, they mentioned that the people on the jury were actively exposed to coverage and opinions about the bombing on Facebook during the trial, and that many of their Facebook friends were Bostonians. Some of the jurists actually made or were exposed to prejudiced comments even before evidence of the crime was presented.

Defense attorneys spent a lot of time bringing up technicalities that in my opinion were not very forceful arguments. Attorney William Fick said many of the charges were unconstitutional because they mentioned "violent physical force." They said the government "conflates the ability to cause injury with violent force." They claimed that setting the bomb down was not technically the use of violent force any more than arson, which is not considered a violent crime even if people are hurt in the process. Regarding the charge of "malicious bombing of property," they argued that the word "malicious" refers to a mental state resulting in "intentional and reckless" behavior but does not imply violent force was used. The carjacking took place because of intimidation - no violence was involved.

Naturally, the government disagreed that the counts needed to be vacated and stated that the decision should be left to the Supreme Court.

In the second part of the hearing, the fiery Attorney Miriam Conrad argued forcefully against the Special Administrative Measures (SAMs) against Tsarnaev. She said there was "no valid argument to justify" having a federal agent monitor attorney visits with Tsarnaev's sisters in prison. In an earlier court hearing "in the shadow of litigation," the court had ruled that the agent would be from a different state and not part of the government prosecution team. He was not to relay information to the prosecutors about their conversations due to "attorney client privilege."

However, in a recent email to the defense lawyers, the government lawyers said that they no longer plan to abide by that agreement and that they want access to the defense's information file. They want to know who visits Tsarnaev and what they talked about. Defense lawyers said the government cannot just unilaterally decide to revoke an agreement, that litigation is far from over and that attorney client privilege still holds. It is not at all normal for prosecutors to get access to defense attorney's private files whether before, during, or after litigation. The government should not decide whether meetings should take place, nor see documents, Conrad argued. The agreement does not say that the information is only private until after the verdict. She said that Dzhokhar Tsarnaev is not being treated like any other defendant. There are far more restrictions on his lawyers' ability to defend him, even though he is not just serving a sentence, he is awaiting the death penalty.

The government argued that the presence of Tsarnaev's sisters invalidates attorney-client privilege and that the agreement is not enforceable because the government needs to know if there were visitors who were not expert witnesses, so they can investigate these persons because the government "needs to know if they've ever had problems before." They mentioned Sister Helena, the nun that testified that Tsarnaev was sorry for his actions. They didn't think she should be visiting Tsarnaev because she is not an expert witness.

Conrad replied that listening to the government talk is like Alice looking through the looking glass. The government should have modified the agreement not just send an email saying we aren't following it anymore. Sister Helena was cleared under the heavy restrictions of the SAMs and there is no reason that the government needs to know what she said to him.

As usual, Judge O'Toole mumbled that he would not rule at this time.

The next issue that was discussed was how much money would be taken out of Tsarnaev's commissary to go towards "Mass Fund" which gifted 57 victims with restitution money. The court ruled that Tsarnaev would have to pay $25 per quarter ($100/year), an amount that would be adjusted based on availability. This seems to be aimed at discouraging supporters to donate money in fear that the government will take it. In the past, Tsarnaev received so many donations that the government threatened not to provide him with a free lawyer as he had too much money. Now, nobody is even allowed to send him books. His attorneys were not even allowed to give him a family photo.

Finally, the court discussed the unsealing of documents. As of now, Tsarnaev's trial is unprecedented in terms of how much of the proceedings has gone on under the veil of secrecy. "We are anxious on behalf of a lot of people to unseal the documents," said O'Toole. He ruled that for starters, both defense and prosecution would decide which of their own documents they wished to unseal. After that would come a future discussion on which of the other party's documents the parties would agree to unseal, before arguing about the remaining documents. Clearly the judge is in no hurry for the proceedings to become transparent to the public.

The Tsarnaev case, as with most cases where the defendant is a Muslim, continues to elements and types of issues that normally do not arise in other cases, even when the defendant, who is not Muslim, has committed a mass murder. For example, the fellow who shot up the church got a speedy trial and was not sentenced to death, whereas the Boston Bombing trial went on for years and there is no end in sight.

http://newtrendmag.org/ntma1631.htm

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.”