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.”

Tsarnaev Sister Charged: Government Hiding Key Info

Bella Tsarnaeva appears in a New Jersey court to face drug possession and distribution charges.

The story of the Tsarnaev brothers, Tamerlan and Dzhokhar, the alleged Boston bombers, is becoming increasingly complex. On September 16, their stunningly lovely sister, Bella Tsarnaeva appeared in Superior Court in Hackensack, New Jersey, charged with marijuana possession and distribution. She “was arrested in December 2012 after police responded to a domestic violence call to her Fairview home, which they said they searched after smelling marijuana,” reports Kibret Markos of North Jersey News. Bergen County prosecutors said Bella Tsarnaeva will be admitted to a pretrial intervention program, but the case was adjourned till next month while prosecutors and defense attorneys continue to work out a plea deal for her co-defendant, Ahmad Khalil. Bella “will likely be admitted into a diversionary program that could spare her a criminal record.”

Under normal circumstances, a marijuana charge like this is not very interesting news. However, the Federal government has previously tried to link the Tsarnaev family with a triple homicide in Waltham, Massachusetts, where three marijuana dealers were murdered in their own home and their bodies sprinkled with marijuana. An associate of Tamerlan Tsarnaev, Ibragim Todashev was murdered by the FBI and Boston police in Florida as they interrogated him in his home. Officials claim he was about to confess to these murders along with implicating Tamerlan, even though he was actually in Atlanta at the time of the crime. Tamerlan Tsarnaev, who was said to be involved in dealing marijuana, had frequented the house where the triple murder took place. Most likely out of fear, he did not attend the funeral, even though one of the deceased was said to be his best friend.

Two of the three murdered persons are said to be Israelis. This would point to the involvement of the Russian mafia supplying them with the marijuana. It is widely assumed that the deaths were a warning from a rival drug gang, perhaps El Salvadorians.

Do the Tsarnaevs have links to organized crime? While it appears that while the US government has scant evidence that they were actually guilty of the Boston bombing, there seems to be some politics going on behind the scenes. Why would the FBI murder one Chechen man who barely knew the Tsarnaevs, on mere suspicion that he was linked to a drug distribution ring, while not pursuing any type of investigation or prosecution of Bella Tsarnaev, who was actually busted for dealing drugs?

It has been reported that the Tsarnaevs had close ties with the FBI. Their mother, Zubeida Tsarnaeva told reporters that the two brothers spoke with the FBI two days after the bombing on the phone, and that the FBI had been closely monitoring them and meeting with them periodically for some years. Other reports claim that their uncle worked for the CIA. The Russian government contacted the FBI and CIA for a background check on Tamerlan, when he applied for a visa to visit Russia.

With all this governmental investigating going on, it is curious that Bella is not being connected to any of the issues facing her brothers. She is essentially being dismissed. Probably she is a harmless pot smoker but if the US is not going after her to the full extent of their power, like they did with her brothers, it does make one wonder, what exactly is the US government’s relationship with the Russian mafia?

Did the Boston bombing or its prosecutorial aftermath have anything to do with tensions between Russia and the US regarding Syria? Did the government need a Russian fall guy to justify some political actions? Russia has been protecting Syria from a possible US bombing campaign, while Syria protects Hizbollah’s vast marijuana and opium fields on the Syria-Lebanon border, rumored to be much bigger than anything in Afghanistan that is controlled by the CIA. This month, the US shrank back from attacking Assad but instead, sent troops to this Lebanon border area, reports the BBC. In any case, there seem to be a lot of dimensions to this case that are not being openly discussed.

On September 23, 2013, Dzhokhar Tsarnaev’s defense team, Timothy Watkins, Judy Clarke and Miriam Conrad spoke to Judge A. O’Toole Jr. about wanting more time to prepare their defense. Unfortunately, the status hearing turned into a debate over the death penalty without focusing on first establishing the guilt of the suspect. The death penalty is not allowed in Massachusetts, but because the trial is taking place in federal court, the death penalty is an option.

Massachusetts Attorney General Martha Coakley will decide whether to recommend the death penalty for Dzhokhar Tsarnaev by or before October 31. Eric Holder has ultimate say regarding the death penalty against Tsarnaev. He’s expected to make his decision by January 31.

Could the government have completely made everything up?

Defense attorney Judy Clarke told the court she was concerned that the prosecutors planned to decide whether to seek execution before the defense had finished reviewing the evidence.

“It’s pretty stunning to say they can make a decision based on what they know without any defense input,” Clarke said. “They may have an erroneous story.”

Clarke told U.S. District Judge George A. O’Toole Jr. in Boston that prosecutors did not furnish the defense with key evidence including grand jury testimony by Tsarnaev’s relatives. She said the prosecution had not presented the defense with all of the evidence it plans to use in the case, making it difficult for the defense to create a solid argument against the death penalty.

“We would like to know if they have accurate information,” Clarke said.

“We do plan to deliver to the government, hopefully by the end of the business day today, a detailed discovery request letter,” defense attorney Miriam Conrad said. “But, that is not going to be the end all be all in the discovery requests for this case.”

Tsarnaev’s defense team believes the government is withholding evidence that might help their client.

The case for the prosecution so far seems to be based solely on spurious claims that the brothers were inspired by al-Qaeda publications and that Dzhokhar Tsarnaev allegedly wrote a confession message on the wall of a boat, that justified the bombings as payback for U.S. military action in Muslim countries.

In 2011, Dzhokhar Tsarnaev wrote an English assignment while attending UMass Dartmouth about the West Memphis Three, who many believe were wrongly accused.

“In this case it would have been hard to protect or defend these young boys if the whole town exclaimed in happiness at the arrest. Also, to go against the authorities isn’t the easiest thing to do. Don’t get me wrong though, I am appalled at the situation but I think that the town was scared and desperate to blame someone. It’s because of stories like this and such occurrences that make a positive change in this world. I’m pretty sure there won’t be anymore similar tales like this. In any case, if they do, people won’t stand quiet, I hope.”

Robel Phillipos Pleads Not Guilty: Kate Russell's Parents Testify

On September 13, Robel Phillipos, the third friend of Boston marathon bombing suspect Dzhokhar Tsarnaev to appear in front of Federal Magistrate Marianne Bowler, pled “Not Guilty” at Moakley Federal Courthouse.

Tsarnaev faces the possibility of the death penalty for the bombing, which killed three and injured over 260 people. Three of his friends were also indicted for allegedly lying to investigators and trying to cover up his role after the bombings, according to a grand jury indictment filed August 29. They are accused of throwing away a backpack containing fireworks and removing a laptop computer from Tsarnaev’s dorm room at UMass Dartmouth. Phillipos is alleged to have concealed from the FBI the fact that the three men had gone into Tsarnaev’s room. Phillipos, who was interrogated without a lawyer present, was charged by the grand jury of making “numerous false and misleading statements to the agents.” 

All three face 20 years in federal prison and could be fined $250,000.

Robel Phillipos, a Cambridge resident and US citizen, is being held on home confinement while Dias Kadyrbayev and Azamat Tazhayakov, who were foreign students from Kazakhstan, await trial under conditions of 24 hour isolation in prison. Tazhayakov’s family was in court during the brief arraignment. The family plans to remain in the United States until the case is resolved.

All three teenagers were scheduled to appear together in court at 10am but only Kadyrbayev and Phillipos arrived there on time. Azamat Tazhayakov's attorney was delayed on a train from New York when a tree fell across the tracks, so his hearing took place at 2pm. Despite the fact that he was late due to circumstances beyond his control, the attorney received a harsh verbal rebuke from Judge Bowler, who had wanted the three to be heard as a group. 

According to US District Attorney spokeswoman Christina Dilorio-Sterling, Kadyrbayev and Tazhayakov, who already pled Not Guilty last month, will not face any new charges, but their indictment has changed to include Phillipos.

Phillipos’ attorneys Derege Demissie and Susan Church stated that Phillipos had nothing to do whatsoever with the Boston Marathon bombing or destroying any evidence. In the end, it will be clear that this prosecution should never have been brought in the first place.” 

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

Tazhayakov’s attorney, Nicholas Wooldridge, said the government “rushed into things” in prosecuting his client. Tazhayakov’s family believe he is being "scapegoated," according to attorney Arkady Bukh.

"If he wanted to assist in terrorism, he would have hid the computer," Bukh said, adding that he gave the computer to investigators as soon as they asked for it.

“This is a witch hunt,” Wooldridge told reporters. 

All three friends are due back in court Oct. 29 for a status conference.

The day before, on September 12, the in-laws of Tamerlan Tsarnaev testified in front of a grand jury. Tamerlan is the brother who was killed in a shootout with Boston police. Judith and Warren Russell, parents of Tamerlan’s widow, Katherine Russell appeared after being subpoenaed to testify. Josh Dratel, a lawyer who represents Katherine Russell and her family, said her parents “told the truth.”

“We know that there’s been pressure on law enforcement and the Justice Department in this case. We don’t want her to be scapegoated as a result of that pressure,” Dratel told reporters.

Amato DeLuca, an attorney for Katherine Russell and her family, told reporters she didn’t suspect her husband of anything before the bombings, and nothing seemed strange in the days after. DeLuca said Russell was working 70 to 80 hours per week as a home health aide and had no reason to suspect her husband of anything. Dratel told reporters that the grand jury’s investigation “is not necessarily an investigation of Katherine.”

DeLuca said on Thursday that Russell’s parents also knew nothing about their son-in-law’s alleged involvement  in the bombing that killed three people and wounded more than 260, until after he was publicly identified by authorities.

“They don’t know anything. They have no knowledge,” he said. “They met Tamerlan, so I’m sure they’re being asked about his background.”

Russell, 24, is from Rhode Island. She and Tamerlan Tsarnaev met at Suffolk University in Boston. She had converted to Islam and married him at a Boston mosque in June 2010 — against her family’s wishes and advice, said her grandmother. She gave birth to their daughter soon after and dropped out of college.

Russell and her daughter moved into her parents’ Rhode Island home immediately after her husband was killed and her brother-in-law was captured in a massive manhunt that shut down the Boston area. Russell has never been charged with any wrongdoing, but she has been questioned several times and was followed for several weeks after the bombings by federal authorities. Federal officials ended surveillance of her home around the time her brother-in-law was indicted, according to neighbors, reported the Associated Press.

The new head of the FBI in Boston, Vincent B. Lisi, said on September 16 that the investigation into the Boston Marathon bombing is ongoing and a priority.

“We owe that to the victims of the bombing,” he said. “Our focus, commitment, is that nobody in our office will rest until we’ve identified everyone that had anything to do with the bombing and make sure they face justice.”

On September 23, family and friends of Sunil Tripathi circulated a heartbreaking statement via social media to commemorate his birthday. Tripathi was found dead in a lake after TV news announced he was the Boston Bomber. Their statement reads:

“We are all thinking of Sunny very much today, as today would have been his 23rd birthday. Today we remember Sunil’s gentleness, his care for others, his desire never to be in the spotlight (yup, we messed up on this one!), his musical talent and passion, his principled stands, his incredible ability to debate abstract philosophical concepts, his hugs, and his deep love and kindness for his family, friends, and strangers alike... Keep reaching out to one another in honor and celebration of Sunil. Remember to always slow down. Turn around and look behind you. Be gentle. Be compassionate. Take care of one another. Lend your hand. We need it. The world needs it. Our family will never be the same, Sunny, without having you close to us. We love and miss you so very much. Happy 23rd birthday, Sunny!”

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.”

Dzhokhar Tsarnaev Faces Accusers

Family members of Tamerlan and Dzhokhar Tsarnaev leave the federal courthouse following the arraignment of accused Boston Marathon bomber Dzhokhar Tsarnaev in Boston, Massachusetts July 10, 2013. Dzhokhar Tsarnaev pleaded not guilty to committing the worst mass-casualty attack on U.S. soil since 9/11, a crime that could bring the death penalty. REUTERS/Brian Snyder

There was “pin-drop silence” in the courtroom as the surviving Boston marathon bombing suspect Dzhokhar Tsarnaev took the stand during his first pre-trial hearing on July 10, 2013. A crying baby held by Tsarnaev’s sister pierced the silence. Watching the trial were about 30 people representing the victims’ families, as well as a row of family members and supporters of the defendant. The grand jury indictment by the FBI in coordination with federal and local authorities charged Tsarnaev with 30 counts of federal crimes including using a weapon of mass destruction and killing a police officer.

Represented by Federal attorneys Miriam Conrad and William Fick with input from Attorney Judy Clarke and Prof. David Clarke, Dzhokhar pled “Not Guilty” to all charges. Reporter Pam Gelly describes: 

“Assistant US Attorney William Weinreb… continues reading through groups of charges: possession and use of a firearm during and in relation to a crime of violence resulting in death; carjacking resulting in serious bodily injury; bombing of a place of public use resulting in death.

“Not Guilty,” Tsarnaev says again. More charges are read.

“Not Guilty,” he says and rubs his mouth.

“Not Guilty,” clenching his hands together.

“Not Guilty.” He says it seven times.

The judge explains that the United States will bring 80 to 100 witnesses to the trial. It will take 3 to 4 months, starting on September 23 at 10 am.”

The hearing was presided over by Judge Marianne Bowler.  Time will tell if Tsarnaev will settle for a plea bargain or if he will fight for his innocence in court. If the case goes to trial, Judge George O’Toole, who convicted Tarek Mehanna to 17.5 years for “material support for terrorism” on account of internet speech, will be presiding. Attorney General Eric Holder will decide whether Dzhokhar will get the death penalty, if convicted.

According to witnesses, Tsarnaev, who wore an orange jumpsuit, kept turning around to look at his family and friends in a row behind him. At one point he waved at his sisters, whereupon one of them burst into tears. He appeared to be heavily medicated and not entirely aware of the seriousness of the proceedings. Friends say he was not acting like himself. According to his wrestling teammates Tsarnaev, who went to high school in the US and was thoroughly Americanized, spoke in court with an uncharacteristically heavy Russian accent that his friends called “weird.”
A former schoolmate and wrestling teammate said Tsarnaev looked tired and “beat up.”

“His face was swollen on one side. He looked exhausted.”

Brittany Gillis, who went to UMass Dartmouth at the same time as Tsarnaev, was inside the courtroom. “It was very nerve wracking,” she said. “His family was crying as soon as he walked in. And the victims’ families were very upset. You could just tell they were upset just by seeing him. His family was crying and he kept looking back at his family. It seemed like he was very nervous.”

A small rally in support of Dzhokhar Tsnarnaev and suspicious of the government gathered outside the courthouse. At least one protester wore an “Anonymous” mask.

There is certainly reason to doubt the veracity of government accusations – and if Dzhokhar and Tamerlan Tsarnaev really did use homemade bombs to kill and injure hundreds of Boston marathon spectators, there is good reason to suspect FBI and CIA involvement. Some years back, when Dzhokhar’s brother Tamerlan applied for a travel visa to visit relatives, Russian authorities reportedly asked the CIA to investigate the Muslim family, whose female members had recently started wearing hijab. The brothers had met with the FBI multiple times in the two years before the marathon bombing. Their mother Zubeida Tsarnaev, who was also reportedly on a government watchlist, said the FBI was closely scrutinizing her son’s online activity. 

It will be interesting to see if government prosecutor Carmen Ortiz will provide proof of Tsarnaevs’ criminal wrongdoings, or if she will resort to the cheap tactic of using “secret evidence” against the accused. Other than wild media stories about the manhunt that resulted in the cities of Boston, Cambridge and Watertown being shut down under martial law, all the public has to go on is surveillance camera footage showing Dzhokhar and his brother Tamerlan walking peacefully through the crowd at the Boston marathon wearing light backpacks.

All we know for sure is that the police shot the brothers multiple times, killing Tamerlan while he was handcuffed in police custody, and severely wounding the unarmed Dzhokhar in the process of capturing him.

Circulating on Twitter is a rumor stating that, according to the wife of a Boston police officer, “all the cops took turns beating the crap out of him… jumped on his chest and everything.”

The 19 year old immigrant was aggressively interrogated for 18 hours and pressured to confess without a lawyer present after arriving at the hospital with multiple bullet wounds upon his arrest. It looks like someone broke his arm rather recently, as he appeared in court with a new cast on his arm. However, the defense was not permitted to discuss anything about police brutality.

In an interesting twist of events, the proceedings of the secret hearing were illegally videotaped by someone standing behind the court camera and aired by a television station in Russia. Grainy cell phone photos from inside the courtroom showing the thin, young, pensive looking man seated next to his lawyer, were also circulated widely online via social media.

The intense international interest in this court case is unique for a US “Muslim terrorist” prosecution in that there are so many vocal advocates insisting on his innocence and demanding a fair trial – balancing the huge number of unquestioningly pro-establishment American citizens ready for another public hanging of a foreign Muslim.

This time, the public wants to know what’s really going on. If the Boston marathon bombing was really simply carried out by two youths playing with homemade explosives, why is that being treated as a federal terrorism case rather than a local violent crime under the jurisdiction of Boston police?

Did the Tsarnaevs do it?  If yes, they probably did not act alone. It is important not to let this kid become a scapegoat to cover up for a deeper government conspiracy.

Dzhokahr Tsarnaev Claims Innocence

Even as a federal grand jury returned a 30-count indictment against Dzhokhar Tsarnaev for his alleged role in the Boston Marathon bombing, this week, supporters are gathering messages and poems to wish him a happy 20th birthday on July 22, which he will most likely spend at Devens Federal Medical Center in Ayers, Massachusetts, where he is now. The allegations against the young immigrant from Dagestan are being doubted world wide, and suspicions of an FBI frame up are growing. The addition of “using a firearm to intentionally kill Massachusetts Institute of Technology (MIT) Police Officer Sean Collier” to the list of charges against Tsarnaev is certainly odd, since previous police reports stated that the shooting incident was unrelated to the bombing suspects. 

“This indictment is the result of exemplary cooperation between federal prosecutors and a wide range of federal, state, and local law enforcement agencies to investigate the horrific attacks on the Boston Marathon two months ago,” said Attorney General Eric Holder, who did not mention the heavy Israeli involvement in the aftermath of the bombing, investigation, and televised fundraising campaign for Homeland Security, where Israeli agents were treated deferentially by the Boston Police Department.

NBC news reported: “Under normal circumstances, the government must issue an indictment within 30 days of arrest, which would have been May 19 in Tsarnaev’s case, but no indictment had been issued.”

A probable cause hearing had been scheduled for July 2. The purpose of this hearing would have been in order to determine whether the government has a strong enough case to continue legal proceedings. Because of the grand jury indictment, the case will move directly to arraignment and trial.

Further adding to public skepticism is the FBI execution-style shooting of Ibragim Todashev in Orlando Florida last month. Todashev was someone who knew Dzhokhar’s brother Tamerlan Tsarnaev, who was killed by Boston police after being arrested and stripped naked. The FBI claimed that just before they killed Todashev, he was about to sign a confession stating that he and Tamerlan Tsarnaev were guilty of three bizarre murders that took place in Waltham, Massachusetts in 2011, where the victims were found with their throats slashed and their bodies sprinkled with marijuana. Most people assumed the victims, who were local marijuana dealers, were killed by the police, angry about the recent decriminalization of marijuana in Massachusetts, who wanted to send some kind of warning to marijuana dealers.

Another bizarre story that the FBI fed to the news media just this week – over two months after the event, is that the Tsarnaev wrote a confession message with a pen on the inside of the boat where he was hiding and was eventually captured after being shot at 200 times by the police and miraculously survived. According to CBS news, the alleged note said the bombings were retribution for what the U.S. did to Muslims in Afghanistan and Iraq, and called the Boston victims collateral damage in the way Muslims have been in the U.S.-driven wars. “When you attack one Muslim, you attack all Muslims,” the note allegedly says.

A member of the Free Jahar Movement, Cindy Chapman, told TMO she doesn’t buy that story. “If he was injured as he is – and was shot in his left hand – And he is left handed. He came out of the boat holding his left arm kinda funny. And the way he was pictured laying in the boat he was laying on his right side. I guess his right side is also hurt I am not really sure. But he could NOT have not written it. And why did they NOT find that note or notes sooner. I mean really why are they just coming out now with it? I mean like really – just before the trial?”

While Tsarnaev is not allowed to discuss his case with anyone except his lawyer, his mother Zubeidat Tsarnaeva told the Associated Press that her son told her he is innocent. “I could just feel that he was being driven crazy by the unfairness that happened to us, that they killed our innocent Tamerlan.” She also told reporters that Tamerlan called her just before his death saying “The police are chasing us and shooting at us” and told her, “I love you, Mama.”

Tsarnaev’s supporters have taken to the internet to demand a fair trial. The Dzokhar Tsarnaev Jahar Facebook page, which has more than 8,000 members, states that the 19-year-old’s “life has been stolen and has been made into a public object of hate, created by the inaccurate reports by the media.” His fans are also twittering using the hashtag #freejahar and handles that include @FreeJaha @Fighting4Jahar and @PrayForJaharr. Some news reports claim that young people are even getting tattooed with his name.

A rapper named Beacorn wrote a rap song called “Free Jahar Tsar” that goes, “A boy with his cap backwards, hoodie down and white bag just / walking behind his brother past surveillance cameras / He wasn’t even tryna be hidin’ his facial appearance / And  that’s all it took to take his rights as an everyday American? / Besides the bags shown blown to bits were both black / so how does that account as hard evidence after the fact?”

The birthday messages being collected from all over the world for the young man – mainly from strangers – are deeply moving – full of prayers, intense love, encouragement, telling him not to give up and that he’s not alone, with unshakable faith in his innocence.  Many people, when they learned about Tsarnaev’s ordeal, realized that if this could happen to him it could happen to any young Muslim, and it immediately made them decide to start practicing their religion and in some cases, convert to Islam. Someone in Boston wrote, “I’m so glad you opened my eyes, Jahar. I’m so glad I snapped out of being brainwashed by the media.”

Tsarnaev will need that level of support to spread to the wider population if he is going to receive anything that even resembles a fair trial. All Americans should want Tsarnaev to get a fair trial, to make sure they got the right guy – because if he’s not the marathon bomber, then whoever actually did it is still at large.

Boston: Questions Grow

Flowers lie at the site of the first explosion on Boylston Street after the street reopened to the public for the first time since the Boston Marathon bombings in Boston, Massachusetts April 24, 2013. REUTERS/Jessica Rinaldi

Flags continue to fly at half mast in Boston, Massachusetts after the mysterious bombing at the Boston Marathon. On Tuesday, April 16, over 1500 neighbors attended a candlelight vigil for the Richard family of Dorchester, who lost 8 year boy Martin, while his sister lost a leg and his mother’s eyes were seriously injured. The clock at Peabody Square has been stopped at 2:50, “the time on Monday when our world stopped,” writes Bill Forry of the Dorchester Reporter. The fence around the clock, draped with black cloth, contains a memorial for little Martin, filled with bouquets of flowers, balloons, teddy bears, and prayers written by children. It is nearly impossible to walk by without becoming choked up by tears. Local elementary schools held a moment of silence at 2:50pm on the first Monday back to school after the worst April vacation ever. The people of Dorchester are definitely taking the attack very personally.

“Martin was only 8 and he still held his mother’s hand last Friday when they walked to the Tedeschi’s for a gallon of milk. Martin wasn’t a saint and he shouldn’t be made a martyr or a symbol. He was a little boy who got killed because someone – some unknown person or group – has perceived grievance against us. Our world has stopped… The day will come when justice is done for Martin. We will wait – all of us together – for that day,” writes Forry.

Boston, Cambridge and Watertown residents were all told by the Massachusetts governor to stay inside their homes on Friday, and not to allow anyone in but police SWAT teams, who scoured the area for a missing suspect, entered homes without warrants and pointed guns at residents’ heads while ordering them out of their homes. After the lockdown order was lifted a Watertown resident wandered into his yard, then the 19 year old Dzhokhar Tsarnaev was located and shot several times by police, then taken into custody with wounds to the throat that will forever prevent him from speaking. His brother Tamerlan Tsarnaev was already killed in a previous firefight with police, in which an explosive was detonated, leaving a hole in the street. The facts of the case are extremely confusing, with conflicting eyewitness reports, and huge amounts of photography circulating online.

Curiously, the Dorchester neighborhood of Boston including the local police totally ignored the citywide lockdown. People were warmer than usual, walking around in the sunshine or painting their houses in pleasant non-compliance with the citywide order to stay inside. All businesses except for government buildings were open. It seems that a lot of people have made the intention to connect more deeply with their local community. There is widespread belief that the two suspects, who emigrated to the US about a decade ago, are indeed guilty of the Boston bombings. There is among the local community also almost blind faith in the authorities’ version of events, though the surviving suspect was not provided with a lawyer and all we know is what we have been told on TV, which keeps changing. Meanwhile the world community reacts with massive skepticism.

Probably the most plausible explanation is that the two brothers were set up by the FBI. 17 out of 20 of the last “terror arrests” since 9/11 were actually FBI frame-ups, according to Fox News. The two suspects definitely fit the profile of the emotionally vulnerable pot-smoking, drunken loners who lacked any community support from their local religious community; foreign students with divorced parents who live overseas. No one was able to protect or guide them or notice what they were up to.

Justin Raimondo reports on antiwar.com that the brothers’ mother Zubeidat, speaking from her home in Russia, claimed the FBI had been keeping watch on her eldest boy for up to five years. She said: “They knew what my son was doing. They knew what sites on the internet he was going to. They were telling me that he was really an extremist leader and that they were afraid of him. They told me whatever information he is getting, he gets from these extremist sites. They were controlling him.”

Were the two just terror patsies who received money for agreeing to bomb something? Indeed, the car they drove and the clothes they wore did not seem to correspond with their actual life status as poor students working minimum wage jobs on the side. The police response to their crime was like nothing Boston has ever seen. Even people who believe the suspects to be guilty were shocked by the liquidation of rule of law as well as the police’s brutality, either killing or permanently silencing the suspects, so that we can never hear their side of the story.

One of the most bizarre events of Friday’s lockdown was the police decision to raze the home in which the suspects reportedly lived in Cambridge. Official reports claim that explosives were found in the house, and therefore the entire house needed to be exploded to ensure that no explosives went off unintentionally. Friends in Cambridge reported that all the neighbors came out of their homes to watch the home demolition. With the the suspects’ home exploded, we lose any evidence about their motives. What if there were diaries, books, personal letters, or official documents in there that would give us some information? Everything that the police has done has led to more questions, rather than answers.

What we do know is that neither son was a leader of any religious or political organization. The tweets publicized online seem to imply that he had almost zero personal opinions.