Monday, September 1, 2014

The Coercion of Dias Kadyrbayev

What happened here is the poor kid got caught up with this circle of friends and when the patsy label was to be applied to the Tsarnaevs they got caught up in the dragnet. 

So what they do is arrest these kids, pressure them (and their families) to sign confessions under the rubric of a deal and then use it to reinforce the copper story crapola. 

I mean, c'mon. All the foreign students that come here are visited by government agents of some sort or another to see how pliable they might be for providing information. I know there is the cover story regarding the Tsarnaevs and once again intelligence didn't connect they dots, blah, blah, blah. All part of the psyops crisis drills gone live to reinforce the narrative, I guess.

"Tsarnaev friend to plead guilty in obstruction case" by Patricia Wen | Globe Staff   August 20, 2014

A young man from Kazakhstan who was a close friend of surviving Boston Marathon bombing suspect Dzhokhar Tsarnaev is expected to plead guilty to obstruction of justice charges on Thursday, about a month after his roommate was convicted of similar charges.

The attorney for Dias Kadyrbayev, a former University of Massachusetts Dartmouth student, said Wednesday his client will plead guilty but did not say whether the plea is part of a sentence-reducing deal with prosecutors or whether Kadyrbayev will plead without having such an agreement, with hope that the judge will show leniency.

He had previously pleaded not guilty to accusations that he had removed evidence from Tsarnaev’s dorm room, and he was scheduled to go to trial Sept. 8.

In a telephone interview, Robert Stahl, who practices law out of Westfield, N.J., said the details of the guilty plea will be made clear Thursday afternoon in the Boston courtroom of US District Court Judge Douglas Woodlock. As recently as Tuesday, there had been a flurry of pretrial activity, such as the filing of proposed jury instructions.

The US attorney’s office did not return phone calls Wednesday seeking comment on Kadyrbayev’s expected guilty plea.

Kadyrbayev’s change of plea is not surprising to some veteran defense attorneys who followed the trial of his friend and off-campus roommate, 20-year-old Azamat Tazhayakov, also from Kazakhstan. Last month, Tazhayakov was convicted of conspiracy to obstruct justice and obstruction of justice despite being widely portrayed by FBI agents as the less culpable of the two men, the follower, not the leader. Tazhayakov faces a maximum of 25 years in prison at sentencing on Oct. 16.

Martin Weinberg, a veteran criminal defense attorney in Boston, said Kadyrbayev and his attorney must have been crushed to see Tazhayakov convicted and likely believed their only option was to plead guilty and hope the judge reduces Kadyrbayev’s sentence in return for the admission and sparing the government from a full-blown trial.

“There were grave risks in continuing down the path of a trial,” Weinberg said.

Federal prosecutors recommend sentences based on a number of factors, including at least one working in favor of the two men, a lack of a previous criminal record. In Kadyrbayev’s case, his guilty plea will likely count as another factor toward reducing his sentence.

“Acceptance of responsibility gives you some benefits in the calculation of sentences,” said Kathy Weinman, a seasoned criminal defense attorney and former president of the Boston Bar Association.

Prosecutors said the two Kazakhstan men, along with a third student, entered Tsarnaev’s dorm room on April 18, 2013, hours after the FBI released photos of the two bombing suspects. Before entering the room, Kadyrbayev exchanged text messages with Tsarnaev, including one in which Tsarnaev wrote, “If yu want yu can go to my room and take what’s there.”

Subsequently, prosecutors said, Kadyrbayev and Tazhayakov allegedly removed a number of items, including Tsarnaev’s backpack, containing fireworks and a laptop, while suspecting their friend was a fugitive. Kadyrbayev is accused of later discarding the backpack in a Dumpster behind their New Bedford apartment, while the laptop was left on a table. Both items were recovered by federal investigators.

Robel Phillipos, who grew up with Tsarnaev in Cambridge, is accused of being with Kadyrbayev and Tazhayakov that night but is only charged with lying to investigators about his whereabouts and not with the removal of any evidence. His trial is scheduled for Sept. 29th.

The three young men had frequently socialized with Tsarnaev, who is accused with his older brother, Tamerlan, of planting two bombs that exploded near the Marathon finish line on April 15, 2013, killing three and injuring more than 260. Tamerlan died in a violent confrontation with police in Watertown in the early morning hours of April 19, just a few days after the bombing. Tsarnaev fled the scene, and was later found in a docked boat in the backyard of a Watertown home.

His trial is scheduled for November.

--more--"

"Tsarnaev friend pleads guilty in obstruction case" by Patricia Wen | Globe staff   August 21, 2014

Federal prosecutors have agreed to ask for no more than a seven-year prison term for a close friend of Boston Marathon bombing suspect Dzhokhar Tsarnaev after the friend pleaded guilty to obstruction of justice Thursday, about two weeks before he was scheduled to go to trial.

Dias Kadyrbayev, one of four former classmates of Tsarnaev to face federal charges related to the bombing case, appeared calm as he listened to a prosecutor read a 17-point chronological statement about how Kadyrbayev removed a backpack containing manipulated fireworks and a laptop from Tsarnaev’s dormitory room on April 18, 2013, a few days after the bombing.

“Is that all true?” US District Judge Douglas Woodlock asked Kadyrbayev, a native of Kazakhstan, after the statement was read.

“Yes,” replied Kadyrbayev, with his father seated several rows behind him in court.

The 20-year-old former University of Massachusetts Dartmouth student then formally pleaded guilty to obstruction of justice and conspiracy to obstruct justice, which would expose him to a maximum 25-year prison term if not for the plea deal. The judge said he wants to review the Probation Department’s presentencing report before accepting the deal, which would limit the judge’s ability to go beyond a seven-year prison term.

The judge said he reserves the right to reject the deal’s terms. If he does so, Kadyrbayev is free to withdraw his guilty plea. The judge set sentencing for Nov. 18.

Kadyrbayev was taken away in handcuffs and returned to the Essex County jail in Middleton, where he has spent most of the past 16 months.

Kadyrbayev’s attorney, Robert Stahl of Westfield, N.J., later released a written statement saying that his client was “a young man, just 19 years old at the time, who made a terrible error in judgment for which he has paid dearly.”

Outside the courthouse, Stahl emphasized that Kadyrbayev was totally unaware that Tsarnaev was planning to bomb the Boston Marathon.

“He hopes that by accepting responsibility, people here in Boston and across the world will eventually understand that he did not [obstruct justice] out of malice or in any way condone what the Tsarnaevs have allegedly done,” Stahl said.

Kadyrbayev’s plea comes as federal prosecutors are busy preparing cases against two other friends of Tsarnaev and Tsarnaev himself. The 21-year-old former UMass Dartmouth student is accused, along with his older brother, Tamerlan, of planting two bombs that exploded near the Marathon finish line on April 15, 2013, killing three and injuring more than 260. On April 18, after the FBI released photos of the two suspected bombers, the brothers went on the run and allegedly killed MIT police Officer Sean Collier in what authorities say was an unsuccessful effort to get his service weapon.

Hours later, on April 19, Tamerlan Tsarnaev died in a violent confrontation with police in Watertown. Dzhokhar Tsarnaev fled and was found later that day in a boat stored in the backyard of a Watertown home.

It was during the manhunt for the suspects that three of Tsarnaev’s closest friends from UMass Dartmouth — Kadyrbayev, Azamat Tazhayakov, and Robel Phillipos — allegedly began interfering with the federal investigation.

Tazhayakov, another native of Kazakhstan who lived in an off-campus New Bedford apartment with Kadyrbayev, was found guilty by a jury last month of being a coconspirator with Kadyrbayev in the removal of evidence from Tsarnaev’s dorm room, including throwing the backpack in a dumpster. He is scheduled to be sentenced in October.

Phillipos, 20, is charged with lying to investigators about being with the two Kazakhstan students on the night they entered Tsarnaev’s dorm room. His attorney, Susan Church of Cambridge, said she cannot comment on any potential plea negotiations in his case.

She said, however, that the charge that her client faces “is very different.” The trial of Phillipos, who has been free on bail since May 2013, is scheduled for late September.

Meanwhile, a fourth close friend of Tsarnaev, Stephen Silva, 21, who attended Cambridge Rindge and Latin with Tsarnaev and worked as a part-time Harvard lifeguard with him, was arrested last month on federal drug and gun charges.

Silva’s lawyer said he was told by investigators that the gun charge relates to an allegation that Silva provided a defaced pistol to Tsarnaev months before the Marathon, and that pistol was used in the killing of Collier. That gun was later recovered at the scene of the Watertown shootout.

Silva’s lawyer, Jonathan Shapiro, has said that his client had nothing to do with the bombing or the violence that erupted during the manhunt. Silva is being held without bail.

Nothing but silence since.

--more--" 

Sorry I'm dismissing the whole cover story.

"Dzhokhar Tsarnaev lawyers seek dismissal of indictment" by Travis Andersen | Globe staff   August 22, 2014

Lawyers for accused Boston Marathon bomber Dzhokhar Tsarnaev want a federal judge to dismiss the sweeping indictment against him, citing concerns about the selection of grand juries in federal court in Boston, where their client faces a possible death sentence, if convicted.

I would dismiss it over the axiom "if the government is shit, you must acquit." Case closed.

In a motion filed Friday, defense attorneys identified several concerns about the manner in which grand juries were selected between 2011 and 2013, including in his case. Among the issues was the fact that qualified jurors over 70 years old were automatically excused upon request.

More than 96 percent of prospective jurors older than 70 chose not to serve in the three-year period, and a nearly identical percentage opted out when Tsarnaev’s grand jury was selected, said the defense motion.

“Being over age 70 — like race, sex, and national origin — is an immutable characteristic — one cannot get younger — and exclusion on the basis of such a characteristic gives rise to the appearance of unfairness," Tsarnaev’s attorneys wrote.

They also argued that African-Americans have been underrepresented in the selection process.

“This underrepresentation, [Tsarnaev] submits, is constitutionally significant,” the lawyers wrote, adding that “underrepresentation in municipal resident lists is attributable to some form of official action or inaction in the jury selection process and is, therefore systemic exclusion.”

In addition, about 5 percent of the 400 summonses used to create the grand jury pool in Tsarnaev’s case were returned as undeliverable by the US Postal Service, and there were no draws from a supplemental group to fill the gap, defense attorneys say.

They are asking US District Court Judge George A. O’Toole Jr. to “dismiss the indictment returned in this case and stay further proceedings” pending changes to the selection process, according to the filing.

Prosecutors did not immediately file a response Friday, and a spokeswoman for US Attorney Carmen M. Ortiz declined to comment.

O’Toole has yet to rule on a defense motion to move Tsarnaev’s highly anticipated trial to Washington, D.C., on the grounds that there is an “overwhelming presumption” of guilt in Massachusetts, among other factors.

You can thank the propaganda pre$$ mouthpiece for that.

Tsarnaev, 21, faces charges that could bring the death penalty for his alleged role in the April 15, 2013, bombings, which killed three people, including an 8-year-old boy, and wounded more than 260. He has pleaded not guilty.

Tsarnaev and his older brother and alleged accomplice, Tamerlan, are also accused of fatally shooting an MIT police officer. Tamerlan Tsarnaev died in a violent confrontation with police in Watertown days after the blasts.

--more--"

If you can't get it dismissed then try for a delay:

"Tsarnaev attorneys seek delay in trial

Lawyers for accused Boston Marathon bomber Dzhokhar Tsarnaev are seeking a 10-month delay to his highly anticipated trial. In a court filing Friday in federal court in Boston, the attorneys requested that the start date of the trial, which is to begin in November, be pushed back to September 2015. The lawyers cited the “massive amount” of evidence that they must evaluate, among other concerns. Tsarnaev, 21, faces several charges that could bring the death penalty for his alleged role in the April 15, 2013, bombings, which killed three people and wounded more than 260."

That's how you bury things. 

And remember what I said about the families?

"Tsarnaev sister arrested in alleged bomb threat" by Milton J. Valencia | Globe Staff   August 28, 2014

A sister of the Boston Marathon bombing suspects was arrested in New York on Wednesday after allegedly threatening a woman in a domestic harassment case, saying, “I have people that can go over there and put a bomb on you.”

Ailina Tsarnaev of North Bergen, N.J., was arrested at a police station in New York City Wednesday afternoon, charged with one count of aggravated harassment. She was released with a summons to return to a criminal court in Manhattan on Sept. 3, said police Lieutenant John Grimpel.

Grimpel said the victim of Ailina Tsarnaev’s alleged threat has a child with the father of one of Tsarnaev’s children. Grimpel did not elaborate on the nature of the dispute.

Tsarnaev told police she is 21, though she is believed to be three years older.

Her brother Dzhokhar Tsarnaev, 21, is awaiting trial in federal court, accused, along with his older brother, Tamerlan, of setting off the April 15, 2013, bombs at the Boston Marathon that killed three people and injured more than 260.

Dzhokhar and Tamerlan Tsarnaev are also accused of shooting and killing MIT police officer Sean Collier days after the bombing. Tamerlan Tsarnaev was killed during a violent confrontation with police.

Ailina and another sister, Bella Tsarnaev, have visited their brother at the federal prison in Fort Devens in Ayer, where he is being held. Defense lawyers have sought to have private conversations with Dzhokhar Tsarnaev and his sisters as they seek to learn more about their family. They expect to argue that Dzhokhar Tsarnaev was pressured to participate in the bombings by his brother.

Ailina Tsarnaev has been arrested before. She was charged with impeding a 2010 investigation into counterfeiting, and later failed to appear in court. The investigation was based on the passing of a counterfeit bill at an Applebee’s restaurant in Dorchester. She is not accused of passing the fake currency, but police say she knew members of the group that did.

Talk about trumped up charges! Everything that comes of that Fed printing press is counterfeit!

The two Tsarnaev sisters are believed to be staying together in New Jersey, and New York media outlets recently reported that Tamerlan Tsarnaev’s widow, Katherine Russell, who had a child with him, recently moved in with them.  

Female suicide gang?

--more--"

Wow, she's cute! 

Nothing about the taxi driver or the man who murdered Ibragim Todashev, huh?

"US Supreme Court to consider hearing Mehanna terror case

The US Supreme Court will consider at a conference committee Sept. 29 whether to hear the case of Tarek Mehanna, the Sudbury man convicted of terrorism. Mehanna was convicted in 2011 in federal court in Boston of multiple counts of supporting terrorism, though his lawyers argued that he was prosecuted for expressing his own beliefs. protected by the First Amendment. He was sentenced to 17½ years in prison, and the First Circuit Court of Appeals upheld the conviction last year. His lawyers petitioned the high court to hear the case." 

I hope you don't speak Arabic because the court won't hear it.

I know you probably think I'm some sort of conspiracy theorist out on a lark, but I call 'em as I see 'em