Tsarnaev Banned from Group Prayers Under SAMs

TMO 

On October 2, 2013, Boston marathon bombing suspect Dzhokhar Tsarnaev’s defense team submitted a request that the Special Administrative Measures (SAMs) be removed from their client. These measures severely restrict his communication. His lawyers, William Fick, Miriam Conrad and Judy Clarke, argue in court papers that the measures create “obstacles” that have a “dramatic chilling effect on the defense team’s ability to prepare a thorough and vigorous defense.”

“His lawyers also said Tsarnaev has done nothing during his incarceration to warrant such restrictions or to suggest he is dangerous, nor is there evidence the attack was “directed by others still at large or that Mr. Tsarnaev ever had operational authority to direct the activities of others” to whom he may want to communicate,” reports CNN.

The SAMs were put into place on August 27, at the request of notoriously dirty player US prosecutor Carmen Oritz four months after he was put in prison awaiting trial. Under the SAMs, Tsarnaev is detained in a single cell and may not communicate with other inmates. He may not engage in group prayer with other inmates, and his access to newspapers and other publications is restricted.

The reason stated by US prosecutors for these additional restrictions is that the 20 year old, who was featured on the cover of Rolling Stone magazine, received over 1000 letters of support while in prison. The government alleges that Tsarnaev committed the bombing because he wanted to engage in jihad, and therefore any communication with the outside world could result in him encouraging others to commit acts of violence.

Defense lawyers say the SAMs limit Tsarnaev’s interactions with individuals assisting defense counsel and restrict the communications and other activities of the defense team. Under these new restrictions, he was not allowed to look at photos of his family that his lawyer had brought him. Defense counsel first learned of the SAMs on Friday, August 30, 2013, after members of the defense team were denied entrance to FMC Devens for a previously-scheduled and approved visit with Tsarnaev.

Tsarnaev’s defense argues that SAMs are unlawful and unwarranted. “The government has provided scant factual support for its conclusory assertion that SAMs are required now, more than four months into Mr. Tsarnaev’s already highly restrictive pretrial confinement, in order to protect others from ‘death or serious bodily injury.’ The government has not alleged that Mr. Tsarnaev has done or said anything since his arrest to commit violence, incite violence, or engage in communications that pose a security threat. Moreover, the SAMs violate the First, Fifth, and Sixth Amendments to the United States Constitution. The Court therefore should declare that the SAMs are unlawful and order that they be vacated.”

The Attorney General may issue an order for SAMs based upon a finding of “reasonable suspicion” that an “inmate may use communications with attorneys or their agents to further or facilitate acts of terrorism.” Holder okayed the restrictions based on “Tsarnaev’s participation in planning and executing the Boston Marathon bombings; his ensuing acts of violence and flight to avoid apprehension; his extensive obstruction of justice; and his explicit and continuing desire to incite others to engage in violent jihad.”

It is indeed worrying that the Attorney General is assuming guilt before trial, as well as claiming to know the intentions of the suspect, which have not been stated in any public forum. There is really no evidence that the suspect had any jihad-focused mindset prior to the bombing. This claim is based on unsubstantiated and unrecorded statements made by the FBI based on hospital bed interrogations without any lawyer present. Prosecutors claim that “Tsarnaev has openly said he was inspired by al Qaeda, and he hopes his actions inspired others.”

Defense lawyers said that Tsarnaev had not responded to any of the mail that he received and should not be punished for receiving mail he had no control over.

“The government also fails to mention that none of this unsolicited mail could be characterized as ‘jihadist’ in nature. Rather, it consisted almost entirely of letters and cards from individuals who believe he is innocent and people urging him to repent and convert to Christianity.”

Tsarnaev’s defense lawyers argued that there is no evidence their client has inspired violence or that he would try to inspire further violence. They said the restrictions unduly put him in near isolation, affecting his mental health, and interfere with their ability to properly prepare a legal defense, reports Milton Valencia in the Boston Globe.

Under US Department of Justice guidelines, US Attorney General Eric Holder will ultimately decide whether to seek the death penalty against Tsarnaev. Prosecutors had planned to make a recommendation to Holder by Oct. 31, and they gave Tsarnaev’s lawyers until Oct. 24 to make a presentation on “mitigating factors,” arguments why Tsarnaev should not be subject to the death penalty. Last month, Tsarnaev’s lawyers asked O’Toole to postpone the deadline. They also filed a separate request asking the judge to order prosecutors to turn over the information.

US District Court Judge George O’Toole complied with the US attorney request by rejecting Tsarnaev’s lawyers’ request to postpone deadlines set by prosecutors, saying that he has no authority to grant such a request. So basically, the death penalty is being argued even before the prosecution has turned in its evidence.

On October 16, Senator Chuck Grassley called for detailed answers to questions regarding FBI involvement in the Boston case. It appears the FBI had been operating without consulting with local police, and that the murder of MIT police officer Sean Collier took place while the campus was swarming with FBI agents.

Blogger B. Blake comments: “With the Collier murder charge against Dzhokhar Tsarnaev appearing weaker by the day, point blank refusals to comment are becoming increasingly frowned upon. The evidence purporting to demonstrate Tsarnaev’s complicity in the crime is extremely flawed with many now asking why he was ever charged with the crime in the first place.”

Khazak Teens Arraigned for Tossing Fireworks in Boston Case

On May 1, 2013, Dias Kadyrbayev, 19, and Azamat Tazhayakov, 19, were charged with conspiracy to obstruct justice and obstructing justice with the intent to impede the Boston Marathon bombing investigation. The two college friends of the surviving bombing suspect Dzhokhar Tsarnaev, are nationals of Kazakhstan who were residing in New Bedford, Massachusetts on student visas. The case is being prosecuted by Assistant US Attorneys Stephanie Siegmann and John Capin under Carmen Ortiz.

The Muslim Observer (i.e. yours truly) was at the Moakley Federal Courthouse for the arraignment on August 13. The boys were brought into the courtroom handcuffed. US Marshalls removed their handcuffs for the hearing. They turned around briefly to meet eyes with family and supporters. The thin young Asians, who are being kept in 24 hour isolation, looked nervous but hopeful in their orange jumpsuits. They confirmed that they understood the charges and said “Not Guilty” in response to both counts. Azamat Tazhayakob's parents and siblings were in the front row. 

Judge Marianne Bowler interrupted US Attorney Siegmann while she was talking, in order to tell the Tazhayakoub family that they can't let the baby crawl all over the courtroom. It seemed unnecessarily abrupt, since she was not making any noise. An older sister took the baby outside. The judge then asked Siegmann to repeat the charges, as they exchanged chummy smiles. Siegmann maintained a light, breezy demeanor as she informed the two teens that they face 25 years in prison plus a $250,000 fine and deportation if found guilty. 

They are accused of throwing Dzhokhar Tsarnaev’s backpack containing fireworks and a jar of Vasoline into a dumpster and taking his laptop after receiving a text suggesting they go to Tsarnaev’s room to “take what’s there,” around the time his face appeared on TV as a wanted suspect. The FBI claims to have found this backpack, conveniently identified by a UMass Dartmouth homework assignment, in a landfill.

Siegmann announced that government prosecutors have 15-20 witnesses, and that the trial is likely to take 2 weeks. The next court date is an "initial status hearing" on Sept. 26. 

Azamat's mother was crying inconsolably on the way out. An Asian woman who observed the hearing told Azamat's father, "Your son is very strong." Azamat's family doesn't speak English well and was not responding to questions. Diaz Kadyrbayev's father was talking through a Russian translator. Both fathers were very well dressed.  

Azamat’s father, Amir Ismagulov owns oil fields in Kazakhstan. Azamat came to the US to study oil engineering so he could work in the family business. Ismagulov insists his son had no knowledge of Tsarnaev’s alleged role in the bombing.

“The entire family feels that the government is scapegoating them because they are Muslims and foreign students,” Tazhayakov’s attorney, Arkady Bukh told reporters. “He is absolutely not guilty. If he wanted to assist in terrorism, he would have hid the computer."

Kadyrbayev's attorney Robert Stahl described his client as "a law-abiding college student whose only crime was befriending a fellow student who spoke his more comfortable native language."

"We look forward to the evidence eventually proving that Dias did not obstruct justice, nor knowingly or intentionally take evidence from Dzohkhar Tsarnaev's dorm room. The FBI recovered all of the items because of Dias' complete cooperation with their investigation," Stahl said. "Dias Kadyrbayev and his family also grieve for the victims' families and want justice for the victims." 

Yet - even if the defendants did remove fireworks from Tsarnaev’s apartment, what does that prove? Since fireworks are illegal in Massachusetts, it would be reasonable to want them to be gone, if you knew the police was likely to stop by. There has been no evidence or federal agency report citing that the fireworks were used in the bombing but rather, were simply found in the suspect’s room. 

“The fireworks devices allegedly found during the investigation... contain limited quantities of explosive or combustible chemical composition designed to deflagrate (burn) rather than detonate like dynamite, TNT or military explosives,” said Julie Heckman, Executive Director of the American Pyrotechnics Association.

"We believe it is virtually impossible to create the level of destruction and devastation caused in Boston with legitimate consumer fireworks and suspect that the investigation will ultimately point toward other materials being responsible for the creation of the deadly pressure cooker bombs," she concluded.

The two former UMass Dartmouth students were originally detained for immigration violations. They were then questioned for 12 hours over two days by the FBI without a lawyer present. Another friend, Robel Phillipos, who is being tried separately, was charged with lying to the FBI. Phillipos could face up to eight years in jail and a $250,000 fine. 

The original criminal complaint against Dzhokhar Tsarnaev is based entirely on an unsubstantiated claim made by an FBI agent - which is why his friends are so important to the prosecution. If government prosecutors can get Tsarnaev’s friends to “cooperate,” they no longer need to present any convincing evidence. When the defendants are Muslims accused of Terrorism, very few juries ever question government claims.

Attorney Carmen Ortiz with the same Judge Bowler convicted Tarek Mehanna based on inflammatory rhetoric. To get around the lack of evidence, the government threatened Mehanna’s friends into becoming cooperating witnesses.

She also prosecuted Rezwan Ferdaus, a US citizen who was entrapped by the FBI and sentenced to 17 years. Because Ortiz intimidated him into accepting a plea bargain, there was no trial and therefore no public evidence to support the charges against him.

Ortiz’s usual gameplay links the accused with a vague global Islamic Conspiracy. Court proceedings are conducted in a racist, demeaning way, with expert witnesses giving false testimony. Evan Kohlmann, who narrated Ortiz’s prosecution of Mehanna and Yassin Aref has already testified to Congress regarding the Boston bombing’s link to “al Qaeda.”

The politically ambitious lead US prosecutor was investigated by Congress for “blatant prosecutorial intimidation” when computer hacker Aaron Swartz committed suicide after Ortiz threatened him with 50+ years in prison and a $4 million fine. Judges have reprimanded her for “overkill” using federal charges. Glenn Greenwald contrasted her predatory prosecution of the young and powerless with the “incredible leniency given by Ortiz's office to large companies and executives accused of serious crimes.” 

Attorney Harlan Protass writes in Slate, “Given the heinous nature of the marathon bombing and the international spotlight on the attack, Ortiz must be under enormous pressure to go after Kadyrbayev and Tazhayakov with everything she’s got. The Boston community and local law enforcement are probably encouraging her to do so.”