Dzhokhar Tsarnaev Is Guilty in Boston Marathon Bombing Trial

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Dagobah Resident
http://www.nytimes.com/2015/04/09/us/dzhokhar-tsarnaev-verdict-boston-marathan-bombing-trial.html

BOSTON — After 11 hours of deliberations over two days, a federal jury on Wednesday found Dzhokhar Tsarnaev, a failing college student and the youngest child in a dispersed Russian immigrant family, guilty of the 2013 bombings at the Boston Marathon, the worst act of terrorism on American soil since the attacks of Sept. 11, 2001.

The bombings almost two years ago transformed one of the world’s most prestigious road races on a glorious spring afternoon into a scene of carnage with bodies strewn across Boylston Street, giving the nation a horrifying glimpse into the consequences of homegrown, self-taught terrorism. The bombs, planted in retaliation for American-led wars in Iraq and Afghanistan, killed three spectators, blew the limbs off 17 others and wounded 240 more, leaving many with life-altering injuries.

The verdict sets the stage for a second, more contentious phase of the trial in which the same jury will decide whether to sentence him to life in prison or death.

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The courtroom was packed with survivors and victims’ families, many of whom had testified against him. Mr. Tsarnaev was greeted by his lead lawyer, Judy Clarke, who touched him armed and whispered to him.

There was little doubt that the jury would find Mr. Tsarnaev, 21, guilty of most charges; his lawyers have admitted that he had been involved in the bombings, and they put on a minimal defense, calling four witnesses who testified for five hours. The government, by contrast, called 92 witnesses over 15 days.

Still, in the first phase of the trial, the defense laid the groundwork for the sentencing phase, casting their client as subordinate to his older brother, Tamerlan, and less culpable for the crimes. The defense team’s goal now is to explain mitigating factors in hopes that jurors will sentence Mr. Tsarnaev to life in prison.

Prosecutors said that Mr. Tsarnaev, then 19, was a full and equal partner with his older brother, Tamerlan, 26, in carrying out the attack. Dzhokhar, repeatedly faced with choices, never went back on the plan, prosecutors said, even when Tamerlan was not around. This was especially evident when Dzhokhar was hiding in a boat by himself and scrawled jihadist messages. “These were deliberate choices, these were political choices,” Aloke Chakravarty, an assistant United States attorney, told the jurors in his closing arguments on Monday said. “An eye for eye, you kill us, we kill you, that’s what he said and that’s what he did.”

“This was a cold, calculated terrorist act,” Mr. Chakravarty said. “This was intentional. It was bloodthirsty. It was to make a point. It was to tell America that ‘We will not be terrorized by you anymore — we will terrorize you.’ ”

The defense, while conceding Mr. Tsarnaev involvement, cast him as a misguided adolescent led by the domineering and malevolent Tamerlan, who was obsessed with violent jihad and who died after a shoot-out with police.

“We don’t deny that Jahar fully participated in the events,” Ms. Clarker, told the jury in her closing arguments, using his Americanized nickname. “But if not for Tamerlan, it would not have happened.”

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Still, she never pretended that Dzhokhar was not guilty, and all but asked for a guilty verdict in her closing. “When you go back to the jury room, we’re not asking you to go easy on Jahar,” she said. “The horrific acts that we’ve heard about, the death, destruction and devastation that we’ve heard about, deserve to be condemned, and the time is now.”

But she did ask jurors to keep their minds open in the sentencing phase. At that point, the defense is expected to put on a far more aggressive case in pursuit of its single goal — to persuade the jury to sentence Mr. Tsarnaev to life, not death.

The defense hopes to present mitigating circumstances that show him as less culpable than his brother. It will flesh out details of Mr. Tsarnaev’s life and family history, which includes his forebears being expelled by Stalin from Chechnya in 1944 and ending up in Kyrgyzstan. His family settled in Cambridge, Mass., in 2002. As his parents divorced and returned to Russia, Mr. Tsarnaev, who became an American citizen on Sept. 11, 2012, fell increasingly under the sway of his older brother.

Just as defense lawyers seek to impress the jurors with the reasons they should spare Dzhokhar Tsarnaev’s life, the prosecution will impress upon them the consequences of his murderous actions. Survivors of the blasts and the families of victims are expected to testify in this next phase, as they did in the first, but this time detailing the physical and emotional effects of the bomb blasts on their lives. Others are expected to discuss how the crime gripped the Boston region in fear for five days.

On Monday, April 15, 2013, the Tsarnaev brothers set off two pressure-cooker bombs near the finish line of the marathon. The first bomb, set by Tamerlan, killed Krystle Campbell, 29, a restaurant manager who was watching her boyfriend run the marathon. The second bomb, set by Dzhokhar, killed Lu Lingzi, 23, a graduate student from China studying at Boston University, and Martin Richard, 8, who was watching the race with his family; his younger sister, Jane, lost a leg.

The explosions created utter chaos and turned the medical tents into triage centers; as the police, medical workers and bystanders tended to the wounded, the brothers vanished into the crowds and reabsorbed themselves in their daily routines. Dzhokhar, a student at the University of Massachusetts Dartmouth, casually bought a half-gallon of milk at a Whole Foods 23 minutes after the bombing. He later returned to campus, hung out with his friends and went to the gym.

By Thursday, April 18, the authorities had pieced together enough surveillance images and pictures from spectators to pinpoint the suspects, but they did not know their identities. Once the brothers saw their pictures, they began a mad scramble and apparently planned to go to New York City with a carload of explosives.

Along the way, according to prosecutors, they killed Sean Collier, 27, an M.I.T. police officer, in an unsuccessful attempt to steal his gun, shooting him in the head at point-blank range, twice in the side of the head and once between the eyes.

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At this point, they realized they needed to ditch their car and drive a different one to New York so they would not be detected. So they carjacked Dun Meng, 28, a Chinese citizen who worked in Cambridge’s Kendall Square, in his Mercedes-Benz S.U.V. They made him withdraw cash from an A.T.M. But as the brothers were momentarily distracted while getting gas for the trip to New York, Mr. Meng escaped and called the police.

In the wee hours of Friday morning, a huge manhunt began. If not for the GPS device in Mr. Meng’s Mercedes, the authorities might never have caught up with the brothers.

But they tracked them to a residential street in suburban Watertown, where a firefight ensued with the brothers throwing pipe bombs and another pressure-cooker bomb at the police; more than 2,500 law enforcement officers, many of them “self-deployed,” converged on the scene. Shrapnel rained down on the quiet suburban street and lodged in houses.

Tamerlan was wounded and ran out of ammunition. Several officers tackled him as Dzhokhar jumped in the Mercedes and started speeding toward the officers, as if to mow them down, they testified; in the process, he ran over his brother. Tamerlan’s body got stuck in the undercarriage of the Mercedes and was dragged about 50 feet; his body was finally dislodged when Dzhokhar sideswiped a police car.

Dzhokhar escaped in the Mercedes. A new report by state officials said that so many police cars had clogged the narrow residential streets that officers were unable to give chase. Residents in Boston and several suburbs were ordered to “shelter in place” while riot-outfitted police swept houses. Dzhokhar eventually was captured in a dry-docked boat in a suburban backyard, emerging bloodied and dazed.

Inside the boat, riddled with more than 100 bullet holes, he had scrawled several jihadist passages. “The U.S. Government is killing our innocent civilians but most of you already know that,” read one. “I can’t stand to see such evil go unpunished. We Muslims are one body, you hurt one you hurt us all.”

Curious that they do not yet reveal the actual number of guilty verdicts returned...
 
Death sentence for Tsarnaev.

http://www.boston.com/news/local/massachusetts/2015/05/15/life-death-verdict-for-boston-marathon-bomber-dzhokhar-tsarnaev/

IMO: Public Sacrifice/Bread & Circuses
 
I just wonder what they did to him that he was so compliant and docile in the courtroom.
 
I hear that it will take some years before the sentence will be full fill. And he has plenty of time to submit appeals. But I am afraid that he will be executed as soon as possible. And we know why. A dead man can no talk.
 
New Defense Lawyers for Boston Marathon bomber Dzhokhar Tsarnaev have filed for a new trial - while Maret Tsanaeva, an Aunt of the accused Tsamaev brothers (an Attorney) and another Attorney, John Remington Graham have filed pro se motion, including an argument of amicus curiae, and an affidavit to be included in the formal record of the case - so they will be publicly accessible. The presiding Judge has ordered that these documents (below) be included in the formal record.


FBI Evidence Proves Innocence of Accused Boston Marathon Bomber Dzhokhar Tsarnaev
http://www.paulcraigroberts.org/2015/08/17/fbi-evidence-proves-innocence-accused-boston-marathon-bomber-dzhokhar-tsarnaev/

I have been contacted by attorney John Remington Graham, a member in good standing of the bar of the Minnesota Supreme Court and the United States Supreme Court. He informs me that acting in behalf of Maret Tsanaeva, the aunt of the accused Tsamaev brothers and a citizen of the Kyrgyz Republic where she is qualified to practice law, he has assisted her in filing with the US District Court in Boston a pro se motion, including an argument of amicus curiae, and an affidavit of Maret Tsarnaeva. The presiding judge has ordered that these documents be included in the formal record of the case so they will be publicly accessible. The documents are reproduced below.

The documents argue that on the basis of the evidence provided by the FBI, there is no basis for the indictment of Dzhokhar Tsarnaev. The FBI’s evidence clearly concludes that the bomb was in a black knapsack, but the photographs used to establish Dzhokhar’s presence at the marathon show him with a white knapsack. Moreover, the knapsack lacks the heavy bulging appearance that a knapsack containing a bomb would have.

As readers know, I have been suspicious of the Boston Marathon Bombing from the beginning. It seems obvious that both Tsamaev brothers were intended to be killed in the alleged firefight with police, like the alleged perpetrators of the Charlie Hebdo affair in Paris. Convenient deaths in firefights are accepted as indications of guilt and solve the problem of trying innocent patsies.

In Dzhokhar’s case, his guilt was established not by evidence but by accusations, by the betrayal of his government-appointed public defender Judy Clarke who declared Dzhokhar’s guilt in her opening statement of her “defense,” by an alleged confession, evidence of which was never provided, written by Dzhokhar on a boat under which the badly wounded youth lay dying until discovered by the boat owner and hospitalized in critical condition. Following his conviction by his defense attorney, Dzhokhar allegedly confessed again in jihadist terms. As legal scholars have known for centuries, confessions are worthless as indicators of guilt.

Dzhokhar was not convicted on the basis of evidence.

In my questioning of John Remington Graham, I concluded that despite 48 years of active experience with criminal justice, both as a prosecuting attorney and defense attorney, he was shocked to his core by the legal malfeasance of the Tsarnaev case. As Graham is nearing the end of his career, he is willing to speak out, but he could not find a single attorney in the state of Massachusetts who would sponsor his appearance before the Federal District Court in Boston.

This tells me that fear of retribution has now extended its reach into the justice (sic) system and that the America that we knew where law was a shield of the people no longer exists.

Here is the Affidavit of Maret Tsarnaeva: (at link)


Lawyers ask for new trial outside Boston for marathon bomber
http://bigstory.ap.org/article/8ca63b980f3549e08164ad588c91103a/lawyers-ask-new-trial-outside-boston-marathon-bomber

BOSTON (AP) — Defense lawyers for Boston Marathon bomber Dzhokhar Tsarnaev said in a court filing Monday that he deserves a new trial in a different location where jurors will be impartial.

They argued that, because of widespread outrage in Boston after the deadly 2013 attack, jurors in the city couldn't be objective before finding him guilty and recommending a death sentence. As evidence of "continuous and unrelenting publicity," they provided a long list of public events held in honor of the victims, including a new city holiday and several races.

"Put simply, prejudicial media coverage, events and environment saturated greater Boston, including the social networks of actual trial jurors, and made it an improper venue for the trial of this case," the filing said.

The filing concludes that the atmosphere tainted Tsarnaev's constitutional right to an impartial trial. It asks that his guilty verdict be overturned and that the court provide a new trial to determine his guilt and his penalty.
 
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