Jury selection is scheduled to begin Monday in the trial of Dzhokhar Tsarnaev, accused of the Boston Marathon bombings. Yesterday, hours after the trial court refused its most recent request for a continuance, the defense filed a petition for writ of mandamus with the First Circuit Court of Appeals requesting a change of venue, or in the alternative, an order compelling the trial judge to hold an evidentiary hearing on its change of venue motion. You can read it here. It also filed a motion in the trial court requesting that jury selection be delayed until the appeals court has ruled.
The petition makes several references to the ruling of Judge Matsch in the OKC bombing case of Timothy McVeigh and Terry Nichols (available here.) Judge Matsch rejected the Government's arguments that a fair trial could be held outside of OKC, but still in Oklahoma. He ruled a fair trial was not possible anywhere in the state of Oklahoma, and moved the trial to Denver. [More...]
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Hoping to get a lower sentence when he is sentenced for obstruction of justice, Azamat Tazhayakov testified against his friend Robel Philippos yesterday. Phillipos is charged with making false statements to the FBI. Initially, the FBI says, he lied about being in the dorm room. Then it claims he lied about the actions of his two friends, Azamat and Dias Kadyrbayev, who were present in the dorm room, with respect to what he saw and heard later at their apartment. Tsarnaev had already been named a suspect at the time, and his photo had been released to the media. Twitter has more coverage from reporters who were live-tweeting from the courtroom. They don't seem to have used a uniform hashtag -- a search within Twitter for Robel brings most of them up.
Phillipos defense is he was so stoned on pot he didn't remember events well enough to accurately recount them. Azamat, convicted in July, testified Phillipos didn't seem all that stoned. He did confirm that Robel had smoked pot several times that night and the next morning.
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I recommend reading the defense expert's report. It is very well written and really gives a sense of the factors that need to be considered. It is available here.