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Boston Defendant Gets New Lawyer, Father Comes to U.S.

Azamat Tazhayakov, one of the two students from Kazakhstan charged with obstruction of justice for removing Dzhokhar Tsarnaev's backpack and laptop from his dorm room, has a new lawyer. He is Arkady Bukh from New York. Bukh is reaching out to the media on Twitter offering his commentary (here to Dr. Phil) and exclusive tips on the case. His offer to CNN is here.

Azamat's father, Amir Ismagulov, a wealthy businessman from Kazakhstan is also now in Boston, embarking on a media tour to clear his son. Yesterday, he was filmed paying his respects at the memorial to the victims. He said his son wanted him to go. [More...]

A few of his fathers comments, from the Boston Globe article:

“I said, ‘Why is the FBI coming to your house?’ I asked, ‘Are you involved in anything?’ He said, ‘Papa, no! No way!’

...He said he questioned Tazhayakov in jail but felt reassured when his son told him he went to Tsarnaev’s dorm room the night of April 18 “without any intention of taking anything.”

Ismagulov also said his son “absolutely” did not know Tsarnaev was the bombing suspect at that time and did not discuss getting rid of the bag with Kadyrbayev.

As to why he believes his son:

“In a Kazakh family, the son never lies to the father,” he said.

Those statements could come back to bite him. If he's telling his father the truth, then he told the FBI a lie, because according to the FBI affidavit, Azamat told them they took the backpack after they heard Jahar was a suspect. From the Affidavit:

KADYRBAYEV, TAZHAYAKOV, and PHILLIPOS were each interviewed during this investigation. As set forth below, all three have admitted that on the evening of April 18, 2013, they removed Tsarnaev's backpack from Tsarnaev's dormitory room, and KADYRBAYEV and TAZHAYAKOV have admitted that they agreed to get rid of it after concluding from news reports that Tsarnaev was one of the Boston Marathon bombers. (my emphasis.)

Unless Azamat is going to say the FBI lied about what he admitted during questioning, then he had to have lied to one of them.

ICE has now filed detainers against Azamat and Dias. (I'm using first names because re-typing their last names is too difficult and I can remember which is which easier when I think of them by first names.)

The detainers mean that the ICE is taking second seat in its immigration case, until the criminal proceedings are done. Whenever that case is over, whether it's by acquittal or he gets convicted and sentenced, the Marhals' Service turns the defendant with an ICE Hold over to ICE for their proceedings to begin. If it's after sentencing, he will first have to serve his sentence before going back to ICE for removal proceedings. While it's possible to get an immigration bond in some instances, if that doesn't happen, the defendant has to remains in dismal ICE facilities until a formal order of removal is entered and ICE has a plane going to Kazakhstan -- they remove you from the place, who knows when -- and fly you back to your home country.

More on what Azamat told the FBI during his uncounseled interrogation: (Putting aside for now the time events which seem contradictory:

KADYRBAYEV then texted Tsarnaev and told him that he looked like the suspect on television. Tsarnaev's return texts contained "lol'' and other things KADYRBAYEV interpreted as jokes such as "you better not text me" and "come to my room and take whatever you want." (An analysis of KADYRBAYEV's cell phone reflects that these texts were sent on April 18, 2013, between 8:43p.m. and 8:48p.m. EST.)

On April 18, 2013, between approximately 6:00 p.m. and 7:00 p.m., KADYRBAYEV, TAZHAYAKOV, and PHILLIPOS met at the UMASS·Dartmouth campus and went to Tsarnaev's dormitory room. Tsarnaev's roommate let them in, stating that Tsamaev had left a couple ofhours earlier. KADYRBAYEV, TAZHAYAKOV, and PHILLIPOS spent some time inside the room watching a movie. They noticed a backpack containing fireworks. The fireworks had been opened and emptied of powder. KADYRBAHYEV knew when he saw the empty fireworks that Tsamaev was involved in the Marathon bombing. KADYRBAHYEV decided to remove the backpack from the room in order to help his friend Tsamaev avoid trouble.

He decided to take Tsarnaev's laptop as well because he did not want Tsarnaev's roommate to think he was stealing or behaving suspiciously by just taking the backpack.

After KADYRBAYEV, TAZHAYAKOV and PHILLIPOS returned to KADYRBAYEV's and TAZHAYAKOV's apartment with the backpack and computer, they watched news reports that featured photographs of a man later identified as Dzhokhar Tsarnaev and that identified the man in the photographs as a suspect in the bombings. According to KADYRBAYEV, they then collectively decided to throw the backpack and fireworks into the trash because they did not want Tsarnaev to get into trouble. KADYRBAYEV placed the backpack and fireworks along with trash gathered from the apartment into a large black trash bag and then threw the trash bag into a dumpster near the Carriage Drive apartment. He remembers doing this at approximately 10:00 p.m. TAZHAYAKOV and PHILLIPOS did not participate in placing the trash into the dumpster but knew that KADYRBAYEV had done so.

The best case scenario might be to get bond in federal court, go to the ICE facility pending trial in the criminal case, try to convince the immigration court his visa was valid, it was just out of status for the time between when he dropped out of U.Mass and got into the next school, and was no longer out of status. He might get a bond from ICE too which would leave him on house arrest except for school classes and doctors and lawyers visits, and GPS monitoring, which would be a lot better than spending up to a year in federal or Ice custody.

I feel sorry for his father. Imagine living half a world away and having to come to the U.S., which you always believed had the fairest criminal justice system in the world, and your kid ends up in no man's land with his options being federal Detention or ICE detention, and maybe it will take a year to straighten out.

Pretty sad, for Azamat and his family. Azamat may well have told the FBI something different than the FBI is now claiming. Or there might have been a language problem. Or maybe he didn't go to the dorm with the intention of taking anything, he just didn't prevent his roommate and the other kid from doing so, and he's not guilty, under either an aiding and abetting theory or as a principal. Being at the scene of a crime, even with guilty knowledge that a crime is being committed, is not enough for aiding and abetting unless you did something to further the illegal objective of the principal. It wasn't his car (he didn't drive there). It sounds from the FBI complaint that he didn't take the bag or dispose of it, that was Dias -- he just didn't stop Dias from doing it.

These pictures probably won't be too helpful. Notice the same red chair in both.

One last thing: The mystery girl at 64A Carriage Drive (Dias and Azamat's house) who was arrested and released has now been identified, thanks to Azamat's father. She is Dias' girlfriend.

< Colo. Passes Drugged Driving Bill | Worchester Spending $10k a Day for Tsarnaev Funeral Home Security >
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  • Display: Sort:
    Well... (5.00 / 1) (#1)
    by ScottW714 on Wed May 08, 2013 at 10:51:48 AM EST
    They noticed a backpack containing fireworks. The fireworks had been opened and emptied of powder. KADYRBAHYEV knew when he saw the empty fireworks that Tsamaev was involved in the Marathon bombing.

    At some point they realized their friend was involved.  No one at the time knew if there was more to come and destroying evidence that may have stopped another bombing is a big deal.  They screwed up.

    I can't imagine myself in the same position deciding to hide/destroy evidence for a friend I believed to be involved in a bombing.

    They need to be punished is some way and if that means dealing with red tape for a year so be it.  If the statement above is to believed, they both realized their friend was involved and they took steps to keep a person they believed was involved in a bombing, out of trouble.  That's a big deal.

    I think that's why dad is on a PR campaign, he realizes how serious his sons actions were and how they are being perceived.  Seems to me, with the terrorism insanity here, he just might be real happy with a year of BS, and not a dark hole for long time.  I don't think he deserves prison, but I don't think he should walk away either.

    I have a hard time believing that destroying evidence with the purpose of helping someone suspected of a felony, isn't a felony.

    And lastly, your assumption of what the father believes in regards to the American criminal justice system is hilarious.  IMO, if he believed that he would still be at home.  He has to know how we deal with anything terrorist related, and I doubt the word fair comes to mind.  I would imagine he's scared to death that his kid might end up in Cuba, with all the other folk branded as terrorist aiders.  Not say he aided or that he is going to Gitmo, just that our reputation surely precedes us.

    If it were not for the courage (none / 0) (#3)
    by TeresaInPa on Wed May 08, 2013 at 11:35:17 AM EST
    of the young man who escaped from his hi-jacked car and called the police on the two brothers there could now be dead and wounded in New York City. It would be partially the fault of these friends who decided to cover for their friend who they allegedly knew caused the Boston bombings.  If they are guilty they do deserve jail time.
    What they should have done is call the FBI and offer to give them evidence, the younger brother's phone number and then volunteered to text or call him so he could be traced.  That is what I would expect from my sons.


    Parent
    It's not an assumption, its what he said (none / 0) (#2)
    by Jeralyn on Wed May 08, 2013 at 11:25:20 AM EST
    Please. Here'swhat he told CNN:

    Both father and son believe in the U.S. justice system, Ismagulov said. The government will get to the bottom of what happened and let Tazhayakov go, said the father, speaking in Russian.

    His son is charged with obstruction of justice, not terrorism.

    FBI rule forbids tape recording interviews. They (none / 0) (#4)
    by caseyOR on Wed May 08, 2013 at 12:29:24 PM EST
    will not conduct an interview if a tape recorder is present. According to the defense lawyer in this video the FBI's interview procedures are tailor-made to trap people with accusations that they lied to a federal employee. He discusses an FBI rule that agents are never to conduct an interview that is recorded. One of the agents in an interview takes notes which are then typed up and declared the official record of the interview.

    He advises that one never, I mean never, speak to the FBI without a lawyer and a tape recorder.

    If this is the way the FBI does business then it may be true that this kid did not lie to anyone, but rather that the FBI record of the interview is faulty. I don't know what happened here, but I certainly would not trust the FBI.

    Watch this video of the lawyer. It's posted at Suburban Guerrilla.

    But Why? (none / 0) (#5)
    by RickyJim on Wed May 08, 2013 at 01:12:27 PM EST
    Every other LE agency in the US, I know of, video or audio records interviews as a matter or course.  Mr. Silverglate has written a book called "Three Felonies a Day, How the Feds Target the Innocent" where he goes into more details; I'm looking over the reviews on Amazon now.  I am surprised that this has continued under Obama and Holder.

    Parent
    Good advice, Casey (none / 0) (#6)
    by Zorba on Wed May 08, 2013 at 03:40:01 PM EST
    And it applies to anyone who is questioned by any police agency, federal, state, or local.  "Let me have my lawyer contact you and we will set up a time when you can interview me."  Simply refuse to talk without your lawyer present.
    But I'm not sure that these guys were sophisticated enough in American jurisprudence to realize this.  Heck, most Americans born in this country don't realize this.

    Parent
    "Reaching out to Dr. Phil" (none / 0) (#7)
    by bmaz on Wed May 08, 2013 at 05:08:36 PM EST
    Is the very definition of an idiotic strategy. Did this guy learn under Geragos' wing or something?