Saturday, September 27, 2014

Tsarnaev Case Inches Forward

 


tsarnaev-big-7051
 
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.

Thursday, September 25, 2014

Government Pays $66K for Testimony Against Tsarnaev Friend

 


marathon-bombing-gun
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?

Monday, September 15, 2014

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

How US Laws Protect Wives

 



Family-Law-Scale-of-JusticeWhen she married at 26, Aisha had no idea about her legal rights as a female citizen of the United States. A first generation American, she did know that Islamic law entitled her to a dowry as well as maintenance by her husband, in exchange for obeying him, keeping the household, and allowing her womb to procreate. She knew she had to get his permission to get a job. She married a man “fresh off the boat.” Knowing he had no savings and worked a menial job, she asked him in lieu of money or jewelry, to promise her a back massage every night. She also secretly hoped that might also lead to nightly intimacy, and she was naturally willing to return the favor. He agreed to this. He also agreed to a small family only wedding, with each side inviting five persons.
Much to her surprise, the night before her wedding, while she was covered in henna, she received a phone call from her fiancĂ© alerting her to the fact that he had bowed to peer pressure, stood on top of a table, and invited all his friends to Aisha’s parents’ house for the wedding. Aisha did not have time to invite all her friends on such short notice, and her best friend stopped talking to her after she didn’t get the message.
On the wedding day, in front of all these guests, the imam asked her if she would accept this marriage for a dowry of $1,200. She was astonished, since there had never been any such discussion of money. But she was too shy to speak up in front of the crowd. She assumed that her husband-to-be was just too embarrassed to admit the real dowry promise, and so had added this into the agreement as a cover-up.
However, the day after the wedding when she said with an innocent smile, “Can I have my backrub now?” her husband refused! He was astonished by her sense of entitlement.
“But you promised!” she insisted.
“Nobody gets married in exchange for backrubs.” He told her she was ridiculous.
She never received any $1,200 cash gift either.
A couple years into the marriage, her husband bought a computer that they would both use and asked her to accept that in lieu of the dowry.
In truth, he was not entirely irresponsible – he did financially maintain her and the children with a generous settlement after divorce. But his refusal to acknowledge personal responsibility for a legally binding verbal agreement cost him his marriage, because in doing so, he insultingly treated his wife as chattel, as a non-person.
What could Aisha have done differently to have avoided this pitfall with someone otherwise regarded as a good man?
The second time she got married, she continued to be lovingly humble and it turned out even much, much worse. Ironically, her new mother-in-law didn’t approve her to invite one friend to her own wedding, since it was to be family only.
By this time, Aisha was so isolated as a housewife and full time mother that she had started to think of “the world outside” as a scary place. But when the second husband’s mental abuse became too extreme that she realized he truly didn’t regard her as a person with legal rights, her fear caused her to turn to the government for help. Approaching the steps of the local health center, she started to relax when strangers smiled at her and her children.
As a pregnant mother whose husband was unemployed, she instantly qualified for medical insurance, food stamps, and WIC. She was also placed on a waiting list for discounted housing. As soon as she separated from her husband, all these benefits transferred to her and gave her children a safety net that her husband had never provided no matter what his income. In both marriages, she had always thought in terms of money being “her husband’s money.”
Even though her husband, after she tearfully begged him to divorce her, had pronounced “talaq talaq talaq,” he later denied that he had given her a divorce. For the next five years, he tormented her by stalking her, insisting she was still his wife. He used an outdated stereotype of Islam to justify treating her as a person without right of personhood. Even the most basic right, the right to freely decide if one chooses to agree to marriage.
Aisha learned to file motions in court. All of the legal documents required to apply for child support, court order a child care schedule, divorce, or even a restraining order, can be downloaded from the local family and probate court to print out.
Going to the courthouse was a daunting task at first. They really don’t make it easy. There are certain forms that need to be filled out (including financial exemption from filing fees and service fees – meaning when the sheriff serves him with papers). There are many different lines she had to stand in. But the courthouse employees are used to first timers and politely advised her.
Women can get free legal advice from their local domestic abuse hotline, and there should be an office at the courthouse for guidance as to what forms to ask for. During divorce, always focus your affidavit arguments to issues regarding the children.
When it comes to domestic abuse situations, whether mental or physical, do not bother with a lawyer unless you want to negotiate with your spouse. In the event of a truly unreasonable spouse, the quickest way to get it over with is just to go in front of a judge. You can get divorced in a few hearings. They have heard it all before. You just tell them the truth and they will advise. The scariest thing about standing up for yourself is having to face your user spouting bald faced lies as well as half truths designed to malign you and deprive you of your voice. Do not look him in the eye. Look humbly at the judge. Pray for God’s justice and the life your children deserve to see you lead, free of intimidation or devaluing of person.

Friday, September 5, 2014

Wife and Sister of Tsarnaev being Harassed and Blackmailed

"Has Katherine Russell remarried and had a baby?" screamed an headline in the UK press, shortly after the NY Post on August 25 published in an article entitled "Boston bomber's widow remarries and has a baby," in which Katherine reportedly snarled at media paparazzi gathered around her home:

"Get out!" "Why don't you leave us alone?"

Russell, wearing hijab and holding a baby — got into a car and drove away.

For some reason, the media are treating the 25 year old widow of Tamerlan Tsarnaev like royalty, as if her every move was newsworthy:

"She was seen arriving home clad in a loose black frock, with a traditional Muslim headscarf tightly wrapped around her head and a pair of large sunglasses obscuring her face," reports the British Daily Mail.

Katherine Russell has not actually remarried nor had a baby. She and her daughter moved in with the Tsarnaeva sisters Ailina and Bella in New Jersey. The baby in question is Ailina's daughter, Imani, not that of Katherine, who is still in mourning.

The lovelies Katherine and Bella were also photographed by paparazzi chatting in the local laundromat.

Then on August 27, the Boston Herald came out with the astonishing and also deeply suspect news headline: "Tsarnaev's sister arrested, accused of making bomb threat."

"She made phone threats against another female saying, 'I know people who can go over there and put a bomb on you,'" said New York City police Lt. Paul Ng.

Anne, a friend of the family, explained to New Trend that Ailina never made any bomb threat. This situation happened because of a custody dispute between Ailina's husband and his ex-girlfriend, with whom he had a child.

"Her boyfriend's crazy ex is extremely jealous. She got mad at Ali and called the police and said Ali threatened her with a bomb. Or more specifically knowing someone that would come and bomb her. Ali never said that. She can prove it because all of her communication is monitored. So the detective let her go. He said he knew she wasn't a terrorist."

"This woman making false accusations is Ailina's husband's ex girlfriend [with] whom [he] shares a child together before Ailina. [She] is upset because Ibrahim filed for custody, and this girl doesn't like the fact he moved on and has 2 beautiful children with Ailina! So she's trying to get Ailina arrested thinking she can get him back or whatever in her twisted head! She told Ailina 'I'll show you who I am.' Then Ailina goes to police and they lock her up... Ailina never threatened this girl & I pray from the information the government has like the texts in her phone where this girl is harassing Ailina is enough proof to turn the tables and get her arrested!!!!!" commented a family friend, Britney.

Ailina is due in court on September 30 to answer the harassment complaint.

Ailina Tsarnaeva was also targeted with a bizarre counterfeit money issue. She had no idea it was fake. She paid with a 20 at a store. At the end of the night, they were counting the money and then using the time and the license plate from the video they charged her because it was her car. Since she was already on probation because of this counterfeit money issue that she had no knowledge about. These recent and reportedly bogus harassment charges could harm her a lot. Please pray.


http://newtrendmag.org/ntma1565.htm

Tsarnaeva Women in the Spotlight

 



On August 27, the Boston Herald came out with the astonishing news headline: “Tsarnaev’s sister arrested, accused of making bomb threat.” Since then, this unfortunate piece of gossip – which turned out to be totally untrue – has made it into living room conversation around America.
The media stories claim that Jahar’s elder sister Ailina has a boyfriend called ‘George’ and that she made a ‘bomb threat’ towards his ex.
“She made phone threats against another female saying, ‘I know people who can go over there and put a bomb on you,’” New York City police Lt. Paul Ng reportedly told the NY Post. 
Ailina’s husband, formerly known as Jorge, converted to Islam and is now called Ibrahim. And Ailina never made any bomb threat, explained Anne a friend of the family. This situation happened because of a custody dispute between Ailina’s husband and his ex-girlfriend, with whom he had a child.  Ailina and Ibrahim have two children together, Imani and Aamir. Ibrahim recently filed for custody of the child he had in his previous relationship. As a result, the ex-girlfriend retaliated.
The ex girlfriend of Ibrahim made up the allegation that Ailina made a bomb threat in an apparent attempt to disqualify Ailina as stepmother. This is not the first time she has targeted Ailina. She has, in the past, made threatening phone calls to Ailina.
“Her boyfriend’s crazy ex is extremely jealous. She got mad at Ali and called the police and said Ali threatened her with a bomb. Or more specifically knowing someone that would come and bomb her. Ali never said that. She can prove it because all of her communication is monitored. So the detective let her go. He said he knew she wasn’t a terrorist,” Anne told the Muslim Observer. 
“This woman making false accusations is Ailina’s husband’s ex girlfriend with whom he shares a child together before Ailina. She is upset because Ibrahim filed for custody, and this girl doesn’t like the fact he moved on and has 2 beautiful children with Ailina! So she’s trying to get Ailina arrested thinking she can get him back or whatever in her twisted head! She told Ailina ‘I’ll show you who I am.’ Then Ailina goes to police and they lock her up… Ailina never threatened this girl & I pray from the information the government has like the texts in her phone where this girl is harassing Ailina is enough proof to turn the tables and get her arrested!!!!!” commented another family friend, Beth.
Ailina is due in court on September 30 to answer the harassment complaint.
Ailina Tsarnaeva was also targeted with a bizarre counterfeit money issue. She had no idea the bill was fake. She paid with a 20 at a store. At the end of the night, they were counting the money and then using the time and the license plate from the video they charged her because it was her car. Since she was already on probation because of this counterfeit money issue that she had no knowledge about, these recent and reportedly bogus harassment charges could harm her a lot. Please pray for her.
Another fake news report that came out this week was that Tamerlan’s widow, Karima Tsarnaeva, maiden name Katherine Russell, had remarried and had a baby. Media paparazzi had snapped a photo of her carrying a baby. However, the baby in question is Imani, the daughter of Ailina. Karima is still in mourning over Tamerlan and living with his sisters in New Jersey. She has absolutely not moved on to another man.
Meanwhile, the defense attorneys for Dzhokhar Tsarnaev are proving that they are serious about their jobs. They have filed several motions against the government, one of which, dated August 29, 2014, states that “witnesses are too intimidated to talk to us about our client or about his brother Tamerlan, also, for example, are too intimidated to tell us why. But it is undeniable that the period between the defendant’s arrest on April 19, 2013 and the present has been marked by a succession of highly-publicized arrests, deportations, federal criminal prosecutions, and even one killing of former friends and acquaintances of both Dzhokhar and Tamerlan Tsarnaev. Most of those targeted have been foreign nationals who inevitably fear deportation regardless of whether criminal charges are ever brought or proven against them.”
Defense attorneys are defending their choice of expert witness Edward Bronson, who is advocating for a change of venue given the prejudice of any potential Boston jury. The government has been attacking his character instead of proving him wrong regarding how media leaks have affected public opinion about the suspect long before trial.
Dzhokhar’s defense is also questioning the “reliability” of forensic reports provided by the government, and want more details on how the evidence was collected and analyzed. The defense continues to press for more time to prepare for trial.
Given the “vital importance to the defendant and to the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion,” Gardner v. Florida, 430 U.S. 349, 357 (1977), it would be constitutionally intolerable to adhere to any trial schedule that would allow time for only the government’s side to be fully heard,” reads a motion filed August 29, 2014.

Saturday, August 30, 2014

Huge Sentences for non-Violent association with Boston Bombing Suspect

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


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

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

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

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

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

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

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

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

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

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