Tag: Dzhokhar Tsarnaev (page 2)
Yesterday, the Judge in the Boston bombing case of defendant Dzokhar Tsarnaev issued an order denying a motion filed under seal in which the defense asked to take periodic photographs of Dzhokhar (Jahar) at Devens Medical Facility to be able to document his evolving physical and emotional state. The court declined to interfere with BOP policy which disallows visitors to have cameras on security grounds. It ruled that the staff at the prison can take the photos which will be shared with both parties (not just the defense.) Here is the Court's order, referencing the motion which was filed under seal as Docket Number 29. The order also refers to a response the Government filed under seal.
Looking at the docket, it appears that there have been many motions filed under seal, because so many numbers are missing. Instead of listing the docket number with a descriptive notation like "Motion to Suppress, Sealed, by Defendant", there's a big nothing. See below: [More..]
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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...]
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The New York Times has an article on how al-Qaeda is using its Inspire Magazine to encourage and teach lone terrorists, like the ones in Boston, how to build bombs at home. In other words, no international travel or training camps necessary.
The Spring, 2013 edition of Inspire, which I detailed at length last month, was 32 pages and did not focus on bombs left at crowded events. But there was another 32 page section called The Lone Mujahdid Pocketbook, which did exactly that. You can read it in English here. [More...]
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The FBI is again searching the residence where Tamerlan Tsarnaev lived with his wife at 410 Norfolk St.
Ruslan Tsarnev (the uncle from Maryland) is at the funeral home where the director is still pleading for the Government to step in and find a place to bury Tamerlan, whose body is now being prepared for a proper Muslim burial.
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The Boston Globe reports it has seen the death certificate for Tamerlan Tsarnaev and that it states he died from gunshot wounds and blunt trauma.
The document, viewed by the Globe on Friday, shows that Tsarnaev was pronounced dead at 1:35 a.m. April 19.
The death certificate also states that Tsarnaev was shot by police, and run over and dragged by a vehicle.
Police insist Dzhokhar Tsarnaev ran him over when fleeing the scene in the carjacked Mercedes. Considering the massive, non-stop video footage of the shootout by news organizations and neighbors, you would think there would be one photo or screen grab showing a vehicle running over Tamerlan and dragging him. I sure haven't seen one. That doesn't stop the media from reporting as fact that Dzhokhar Tsarnaev ran over his brother. [More...]
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All it takes is for one or two unnamed federal law enforcement officials to make an unsubstantiated claim and every media outlet runs with it as if it is true. The latest: Claims that Dzhokhar Tsnarnev told the FBI the bombs for Boston were made in the apartment Tamerlan Tsarnaev shared with his wife and that the brothers initially planned on bombing Boston on the 4th of July but it was so easy to build the bombs they moved up their timetable
The bombs used in the Boston Marathon attack were built in the apartment that suspect Tamerlan Tsarnaev shared with his wife and child, a U.S. law enforcement official with first-hand knowledge of the investigation told CNN on Thursday. The official was not authorized to release the information.
....Tsarnaev and his younger brother, Dzhokhar, initially planned to carry out an attack on July 4, but their bombs were ready earlier than they expected and they decided to move up the date, a U.S. law enforcement official told CNN on Thursday.
Via ABC: [More...]
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Dzhokhar Tsarnaev just got the biggest gift of his life -- Judy Clarke has been appointed by the court to represent him along with the Federal Defenders.
Tsarnaev has become the new poster child for "the worst of the worst." If anyone can gain his trust to be able to provide him an effective defense and save his life, it's Judy.
Judy rarely talks to the media but last week, she was the keynote speaker at a Loyola Law School conference, and spoke a little bit about being a death defense lawyer.
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John Collauti, the public relations spokesman for the Federal Medical Center at Devens, says Dzhokhar Tsarnaev is in segregation in a small cell with a steel door that allows food to be passed through and prison officials to watch him.
Collauti said in a telephone interview that Tsarnaev is in secure housing where authorities can monitor him. His cell has a solid steel door with an observation window and a slot for passing food and medication.....[M]edical workers making rounds each shift monitor the inmates. He said guards also keep an eye on some cells with video cameras.
Also, inmates in the more restrictive section do not have access to TVs or radios, but can read books and other materials, he said.
In other words, he's in the hole. [More...]
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The New York Times has transcribed the interview his parents gave yesterday in Makhachkala, Russia.
Authorities now say the carjacking did not happen in Cambridge, but across the river in Allston. Also, they have been searching the Crapo Hill Landfill in New Bedford, perhaps for a computer.
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The law enforcement leaks are over the top. It is inexcusable that the FBI or law enforcement officials with whom they shared information are leaking details of a purported confession by Boston Marathon bombing suspect Dzhokhar Tsarnaev.
The Washington Post has more leaks. Among the unnamed sources cited: A senior law enforcement official; a U.S. counter-terrorism official; "a U.S. official who has been briefed on the interrogation and who spoke on condition of anonymity because the investigation was ongoing"; and a U.S. intelligence official. [More...]
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Dzhokhar Tsarnaev was charged by federal complaint yesterday and advised of his rights today at the hospital by U.S. Magistrate Judge Marianne Bowler.
The judge ordered him removed from the custody of the FBI and into the custody of the U.S. Marshals. He was represented by Assistant Federal Defender William Fick. Also to be representing him: Attorneys Conrad and Watkins.
He has been charged with two counts (Complaint here):
- Destruction 18 U.S.C. s 844(i): Malicious Destruction of Property Resulting in Death
- 18 U.S.C. s 2332a(a): Use of a Weapon of Mass Destruction
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Update 7:40 pm ET: CNN reports Dzhokhar Tsarnaev is awake and answering law enforcement's questions. No wonder the U.S. Attorney didn't file charges today. They didn't want a lawyer appointed who could demand to see him and advise him not to sign any waivers. The Boston Police Commissioner said today the brothers acted alone. Where's the continuing public safety threat? An internal FBI policy memo that extends the public safety exception beyond what the Supreme Court has authorized is not controlling law.
Can the Federal Defender file a "miscellaneous action" and ask to be appointed now for the limited purpose of advising him of his rights and request an order directing the FBI to allow them to meet with him before it attempts to secure any waivers?
Update 1:18 pm: It looks like the feds won't be able to use the Faisal Shahazad scenario with Dzhokhar Tsarnaev. He cannot speak at all due to being shot in the throat. Thus, it's unlikely he can be questioned at all, or that he would be able to provide a knowing and voluntary waiver of his right to timely appear before a judge and be appointed counsel after charges are filed and before presentment. Due to his injuries and inability to be questioned, reports now say charges will be filed, perhaps today, a judge will advise him at the hospital, and the public defender's representation would be effective upon advisement. [More...]
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Here's a thread to discuss continuing developments in the Boston Marathon Bombing case and Dzhokhar Tsarnaev. The Federal Defender in MA today said it expects its office to be appointed to be appointed.
What I've been reading:
- Glenn Greenwald on the public safety exception to Miranda rights.
- Emily Brazelon at Slate on why we should care.
- Andrew Cohen on The Legal Way Forward
- The 2010 FBI memo on the public safety exception to Miranda rights
- Montejo v. Louisiana, 556 U.S. 778 (U.S. 2009)(overruling Mississippi v. Jackson)
- New York v. Quarles, 467 U.S. 649 (U.S. 1984)
What I'm not reading: Any of the garbage put out by Lindsay Graham. [More...]
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