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Stephen Silva, the long time friend of Dzhokhar Tsarnaev, was sentenced in federal court this week to time served for his possession of a weapon with a partially obliterated serial number and distribution of heroin. (History and details here.)
Why the break? He cooperated and testified at Tsarnaev's trial that he loaned Tsarnaev a Ruger P95 9mm pistol. He said Tsarnaev had told him it would be used to rob students who attended the University of Rhode Island. The gun was used after the Marathon bombing to kill MIT officer Sean Collier. (Tamerlan is alleged to have used the gun days later in the Watertown shootout. An officer testified Tamerlan threw it at him when he ran out of bullets.)
Last night while rummaging around the Internet, I found the transcript of Silva's testimony here. Not surprisingly, it contains many details I don't recall the media reporting when covering his testimony or sentencing. The sentencing pleadings by both sides contain even more details. Recap below: [More...]
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Dzhokhar Tsarnaev's lawyers sparred in court with prosecutors today as a hearing was held on his motion for new trial.
Arguments centered on a recent Supreme Court ruling finding the law providing for stiffer penalties for crimes involving the possession of a gun or explosives to be overbroad and constitutionally vague. The ruling affects half of the counts of which Tsarnaev was convicted, and his lawyers say a new penalty trial is required.
Also addressed: Restitution, and Tsarnaev's conditions of confinement. In passing, the Judge indicated he is closer to unsealing many of the court pleadings.
The judge reserved ruling.
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Long time terror defendant James Ujaama was finally sentenced yesterday. For his cooperation, he received a sentence of time served.
I've been writing about him since his arrest in 2002. He was initially arrested in Denver as a material witness in a case in Virginia, and then charged in federal court in Washington with trying to set up an al Qaida traing camp in Bly, Oregon. (The terror camp that never was.) After being detained in Seattle, he agreed to cooperate and pleaded guilty in exchange for a 2 year sentence. But he fled to Belize before sentencing, probably to avoid having to testify against Abu Hamza, the AQ Sheikh with one eye and hooks for hands, or as he later testified in 2009, because he was no longer trusted and didn't fit in. [More...]
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I missed the news earlier this week that Dzhokhar Tsarnaev was moved from the USP at Florence to ADX (Supermax.)
Supermax has 9 units and 6 maximum security levels, but because Tsarnaev has Special Administrative Measures (SAMS), restricting his ability to communicate with the outside world, he's likely in the Special Security Unit -- the H Unit Here are the 2013 regulations for the H Unit.
Even the H Unit has phases, similar to the step down programs of the Supermax general population units. Supposedly, inmates can work their way down to more favorable conditions.
Like what? With really good behavior, after a period of time, they can get a job out of their cells for an hour a day as an orderly, cleaning or mopping floors. And an expanded commissary list. But no ice cream. You have to be in a general population unit for that. Here's the Commissary List for the H Unit. And here's the list for the USP (US Penitentiary, High Security, General Population) at Florence. [More...]
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Here is the full text of Dzhokhar's statement at his death penalty trial.
THE DEFENDANT : Thank you, your Honor, for giving me an opportunity to speak. 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.This is the blessed month of Ramadan, and it is the month of mercy from Allah to his creation, a month to ask forgiveness of Allah and of his creation, a month to express gratitude to Allah and to his creation. It's the month of reconciliation, a month of patience, a month during which hearts change. Indeed, a month of many blessings.
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Dzhokhar Tsarnaev spoke for about 4 minutes. He expressed remorse. "I would like to now apologize to the victims and to the survivors." ..."I am sorry for the lives I have taken....for the suffering I have caused and the terrible damage I have done."
He left no doubt about his guilt:
"I am guilty of the bombing, let there be no lingering question about that."
He thanked his attorneys and said "I cherish their company." He said they have done a lot for his family. His defense attorney, Judy Clarke, told the Court he had tried to settle the case before trial. [More...]
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Robel Phillipos was sentenced to three years in prison today for his false statements to the FBI after the Boston Marathon bombings. He was ordered to pay a $25,000. fine and spend 1 to 3 years on supervised release after release from prison. He was also ordered to take random drug tests and undergo drug treatment. The judge said, "There’s a price to be paid for the failure of responsibility. There’s a price to be paid to the community."
The Judge granted him a voluntary surrender and did not order him into custody today.
The government had requested Phillipos serve 63 months in prison. My live blog of the hearing (taken from numerous accounts of reporters in the courtroom posted on Twitter -- Hashtag #Phillipos -- as well as my thoughts on why this is too harsh a sentence are below. [More...]
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The federal judge presiding over the cases of three friends of Dzhokhar Tsarnav sentenced Azamat Tazhayakov to 42 months (3 1/2 years) in prison today. He has already served 26 months. With good time (54 days a month after the first year) he should be done in a year or less, at which time he will be deported to Kazakhstan.
The Government had asked for four years. His lawyers asked for time served (26 months.) His guidelines, due to the terror enhancement, were 360 to life. As with Dias, the judge disregarded the enhancement since their obstruction did not involve terrorist acts. [More...]
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The jury has returned a sentence of death for Dzhokhar Tsarnaev on Counts 4,5,9,10,14, and 15. See Jim Armstrong on Twitter for each finding.
The counts on which the jury voted for death pertain solely to Lingzi Lu and Martin Richard. The jury did not return death verdicts on counts with Officer Sean Collier or Krystle Campbell.
On the mitigating factors:
- Only 3 jurors agreed he would not have committed the offense but for Tamerlan.
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Khalid al-Fawwaz, a Saudi and alleged top aide to Osama bin Laden, was sentenced to life in prison today for his role in the 1998 embassy attacks in Kenya and Tanzania.
He was not charged with helping to plan the attacks, which killed 224 and injured more than 4,000. Instead, prosecutors said he was bin Laden's "bridge to the West" in London, disseminating the al Qaeda leader's violent messages to media outlets and sending supplies to the group's members in Africa.
Related: From VICE: Why anti-terror proposals going after extremist ideas are counter-productive.
There are 21 mitigating factors the jury must consider, but they are not limited to those factors. Each juror can come up with additional mitigating factors on his or her own and assign whatever weight to the factors he or she deems appropiate. [More...]
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Judy Clarke is about to deliver her closing argument in the trial of Dzhokhar Tsarnaev. I'm following Reporter Jim Armstrong on Twitter. Worth mentioning: As Clarke goes through the mitigating factors, keep in mind they do not have to relate to the commission of the offense. [More...]
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Both sides rested their case today in the Dzhokar Tsarnaev trial. Closing arguments and deliberations begin Wednesday.
The defense ended its case with the testimony of Sister Helen Prejean. She testified she met with Tsarnaev five times over the past year and he expressed remorse.
"He said it emphatically. He said no one deserves to suffer like they did," said Prejean, the public face of the New Orleans-based Ministry Against the Death Penalty and a Nobel Peace Prize nominee. "I had every reason to think that he was taking it in and that he was genuinely sorry for what he did."
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Update to my earlier post on Omar Khadr today: Driving home, I was listening to satellite radio reporting on Omar Khadr's release on bail. They were all suggesting he got off easy. That's preposterous.
I'm going to reprint a post below I wrote in March, 2010, which includes source links. I'm also adding links to additional case documents at the end.
I highly recommend this 81 page defense motion filed in his case which details his case, his history, the evidence and the torture and coercive treatment inflicted on him. His plea agreement is here. Here are the two diplomatic notes between the U.S. and Canada acknowledging Canada could release him at any time. My post on his sentencing is here. [More...]
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Yesterday and today, the defense in the Dzhokhar Tsarnaev trial presented evidence about life at Supermax in Florence, CO.
Lawyers for Dzhokhar Tsarnaev sought Wednesday to convince jurors in the death-penalty case that Tsarnaev could end up in the country’s most secure federal prison, locked in a cell 23 hours a day, with limited communication with the outside world — if the jury votes for a life sentence.
...Under those conditions, Tsarnaev would be limited to two 15-minute telephone conversations with only immediate family members each month, his mail would be screened, and he would be confined to a single-inmate cell.
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