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.”

Mehanna Appeal Hearing Draws Large Crowd

The courtroom was packed and the spillover room was filled, with over fifty supporters observing Dr. Tarek Mehanna’s appeal hearing in Federal court in Boston on July 30, 2013, where Attorney Sabin Willett asked a panel of three judges to throw out Mehanna’s conviction that resulted in a sentence of 17 1/2 years. Mehanna, who is imprisoned at CMU Terre Haute, was not present at the hearing.

Mehanna, who pled not guilty, was found guilty by the jury in 2011 of conspiracy to provide material support for al Qaeda by translating Arabic documents online, and planning to join a terror training camp in Yemen. Mehanna insists he went to Yemen to study Arabic. There is no evidence that he ever picked up a gun or planned anything illegal. The prosecution relied solely on statements by informant Kareem Abuzahra, who was granted immunity by the FBI in exchange for wiretapping and testifying against Mehanna at trial. The government’s case was framed by scouring Mehanna’s computer for evidence that Mehanna had an “obsessive interest” in jihad. 

He had indeed voiced strong political opinions and made some crude jokes via IM chats with his friends online, but Attorney Willett told the Boston Globe, “Our view is that if the government cannot tie the knot between Mehanna and Al Qaeda, this is simply speech, just protected opinion... All he has done is talk a lot, and talk loudly.”

Willet argued in Tuesday’s hearing that government prosecutors prejudiced the jury by showing them a huge number of irrelevant videos such as the World Trade Center explosions, beheading videos, Osama bin Laden, and other widely available images that had nothing to do with Mehanna’s case but which poisoned the trial outcome.

Assistant US attorney Elizabeth Dorsey Collery, who works for prosecutor Carmen Ortiz, claimed that Mehanna had received an email from someone named Murabed, who informed him that al Qaeda was looking for translations, and yet he continued to translate Arabic texts for the Tivian website. 

Willett argued that Mehanna was translating these texts, which were primarily religious texts, out of personal interest. He never even opened that email from Murabed.

The US had used Evan Kohlmann as a trial witness to frame the case as part of a global Islamic conspiracy. “Kohlmann doesn’t use science,” argued Attorney Willett.

Attorney Collery argued, “These were ideological crimes. Mehanna believed that he had a moral obligation to assist al Qaeda and to engage violently against the US in Iraq.”

Judge Selya seemed to scold the prosecutor, saying, “The government grossly overdid it. Stick to the facts.” He acknowledged that overwhelming the jury with evidence, relevant or not, can have a cumulative effect, causing prejudice “to show intent.”

Collery continued to insist that Mehanna was not as he claimed, “a scholarly man in search of enlightenment” but that he worked as a “propagandist for al Qaeda... he was radicalized and radicalized others.” 

Mehanna was convicted only on the Yemen travel related indictments. The propaganda charges were dropped. However, the conviction was based on spillover arguments from the irrelevant evidence. The prosecution relied heavily on mention of IM chats, open to interpretation. The defense pointed out that many of these statements, such as the comment about being “al Qaeda’s media wing” were followed with LOL, Lots of Laughs. These chats were never quoted verbatim but paraphrased by the prosecutors.

Judge Thompson asked, “Was the inflammatory evidence necessary (for conviction)?”

The prosecution then engaged in a long discussion about legal technicalities regarding permissible evidence. 

The snickering of some of the journalists at the end of the hearing revealed prejudice.

Mehanna supporters gathered in fellowship after the hearing, including a technician for a Walgreens pharmacy, who often conversed with Tarek at the Worcester Islamic Center since Mehanna was a pharmacist at CVS. “We used to compare notes about all the nice little old ladies,” he said. “Some even brought us baked goods!”

Kate Bonner-Jackson, an organizer of the Tarek Mehanna support committee said, “Tarek was vocal about the right to self defense of US invaded people.” She noted the American double standard when discussing self defense when it comes to Muslims, mentioning the recent Zimmerman acquittal. 

“We are looking for justice,” Ahmed Mehanna, Tarek’s father told the Muslim Observer. Smiling, Tarek’s father said, “The judge vented my anger. He vindicated me!” He was referring to Selya’s comments during the hearing, where the judge seemed to empathize as a father: 

“What could they find if they looked through three years of my three young sons’ electronic records? What disgusting pictures did they look at? What gross movies did they watch? What kinds of things did they joke about with their friends? What topics did they flirt with?” 

We agreed that the defense lawyer had a strong, calm tone of voice while the prosecutor’s voice was noticeably shaky. 

“Because she has no case!” Ahmed Mehanna exclaimed. “She was just dancing in circles around the issues.”

Mauri Saalakhan of Peace and Justice Foundation said he was not overly optimistic as “98% of first appeals are denied. But there will be more appeals.”

Tarek Ismail of Columbia Law School’s Human Rights Institute is working on a study of 35 government prosecutions of Muslims. Ismail said Mehanna’s appellate brief is over 100 pages long and raises many issues. During the hearing, each side had only 20 minutes to talk, so they focused on the prejudicial evidence that was rampant during the trial. Photos that were cached or downloaded on Mehanna’s computer were used as evidence, whether or not he ever opened them.

“They argued over whether evidence was prejudicial or probative (proving the case). An overwhelming amount of evidence that is not entirely related was presented instead of clear evidence of crime. The government was able to stronghold the jury because of so much evidence used as emotional manipulation. The cached computer files were used to construct a story.” 

Activist Laila Murad added, “So much is speech protected under the 1st Amendment: opinions, translations of public documents.”  

Younger brother Tamer Mehanna told the Muslim Observer, “Attorney Liz went to some liberty in interpreting "between the lines" of the actual statements made in the conversation. The way the government set it up is as follows: typically, the burden of proof is on the government to establish that he went there for violent reasons. The government found a workaround to that tall task by finding Tarek's friends and threatening them into becoming cooperating witnesses for the government, and recruited the services of Evan Kohlmann to tie it all together into a tidy narrative. Once it accomplished this, it had those cooperating witnesses agree that there was a conspiracy to go to Yemen for violent training, had Kohlmann "validate" the theory behind the conspiracy, and that Tarek was a part of it. Because this established Tarek as part of this conspiracy, the burden of proof now gets laid on the defense to prove that Tarek was not part of this conspiracy. 

“This is part of the government's tactic-- it creates a frame within a frame within a frame so that your task of defending yourself becomes that much more complex, until you agree to cut a deal just to end it.  Needless to say, we'll never look for that exit in this case.”

Jericho Conference Convenes in Boston

The annual National Jericho Conference to support political prisoners in the US was held on May 25-26 in Boston, Massachusetts. The small but intense gathering brought together community organizers and activists from near and far.

Ethiopia Belay of Portland, Oregon told TMO, “I joined Jericho because I can’t imagine living in a world where fighting for freedom and justice results in your freedom being taken away... All these people were fighting for their people, for all people, for me. Their work paved the way for our own work as activists.”

The civil rights movement of the 60s and 70s was crushed by government spying, assassination and imprisonment of the leadership. Activists today face similar threats, but there is no longer a community standing together. Individualism has caused the movement to degenerate into a “workshop seminar culture, remiss of infrastructure,” said Jericho co-chair Jihad Abdulmumit, who largely presided over the conference. 

“There is no movement anymore. Unless we build it. Don’t know how to talk? Learn it. Study what we’re about. Learn what you are about. Then talk to people... We are each others’ responsibility,” said Abdulmumit.

“We are living in an age where they can detain you without trial, where they can arrest you for speaking, for associating with the wrong people. If they come for me today they’ll come for you tomorrow. Those who stand silent while others are incarcerated for their political beliefs don’t deserve freedom themselves,” said Ray Luc Levasseur, who spent 20 years in Marion and Florence ADX for his involvement with United Freedom Front.

Dozens of political prisoners from the Civil Rights era lost their lives behind bars. Jalil Muntaqim of the Black Liberation Army (BLA) has spent the past 39 years in solitary confinement inside Attica Prison. David Gilbert from the Weather Underground is maintaining spiritual calm living out his life sentence. Former Black Panther Veronza Bowers served out his 30 year sentence but on the day of his release nearly ten years ago, was slapped with the new “terrorism” designation and remains imprisoned, despite model behavior. Some activists, like Lefty Gilday, have died in prison. Jericho empowers people to make sure these aging warriors don’t die alone, to work for their release, and failing that, to demand that their body be returned to friends and family for burial.

“Prison is social death. As long as we talk about them and remember them, they are not dead,” said Ahmad Rahman, associate professor of African and African-American History at the University of Michigan Dearborn, who spent nearly 22 years in prison for a crime he did not commit, because of his organizing work with the Black Panthers. He also believes it is necessary for social justice advocates to revise their tactics, because what worked in previous decades is ineffective now.

Rahman spoke to TMO about his concern that Muslim prison chaplains are being hired by the government to recruit informers. “These Arabs have developed a reputation of yearning badly to be recognized as equally white with the prison guards and administrators. This makes them identify more closely with these non-Muslims in opposition to the ‘black criminals’ they were hired to serve... After 911 especially, the federal and state law enforcement agencies have sought to use them in prisons to "protect national security" from the ‘Islamic threat.’”

Several former political prisoners and family members of political prisoners were in attendance at the conference, including Sharmin Sadaquee, the sister of Ehsanul Shifa Sadaquee, who was kidnapped in Bangladesh and is serving a 17 year sentence. The new baby daughter of Black Panther alum Ashanti Alston was applauded as a symbol of hope for the future. Also inspiring hope were students from Youth Against Mass Incarceration, who work to raise the political awareness of communities affected by the prison system.

“These young people are the answer to our prayer!” exclaimed Sheila Hayes, the wife of Robert Seth Hayes, who is serving a life sentence due to his involvement with the Black Panther Party. She said that for a prisoner, knowing that there are people out there who support you makes a huge difference, especially young people who learn about the huge sacrifices of the Civil Rights era and who say, “I appreciate that you fought for my rights before you even knew me.” Hayes loves that her husband walks proudly and without shame, knowing that he fought a government that was wrong.

Sheila Hayes married Robert Seth Hayes five years ago while visiting him in prison. “I’ve been happy ever since!” she told TMO, glowing. She pledged to her husband, “I know you are not going anywhere, but you don’t have to worry because I am not going anywhere!” 

Hayes is concerned about the ailing health of the 65 year old prisoner who suffers from diabetes, neuropathy in his legs, and a broken finger, and has not received adequate medical attention. He was recently found passed out in a diabetic coma in his cell. Hayes calls the prison regularly to demand they take care of him. 

Paulette Dauteuil, who has been an activist since the Vietnam War, told TMO, “These men are people I met on the street. As a single mother who had never been arrested, it became my responsibility to take care of the prisoners - visiting, providing material support, helping out family members, and it became my responsibility to organize white people and educate them about political struggle... It is my duty to support Muslim political prisoners who have been framed by the government as much as these men who have been inside for a long time, because we cannot allow the government to do this to people.”

Dauteuil moderated a discussion on the deteriorating health conditions of several other long term political prisoners and the need for the public to lobby aggressively for their release. Mutulu Shakur had a stroke last February. Abdul Maumin Khabir is suffering respiratory failure. Thomas Manning has not been able to walk for three years due to inadequate treatment of a knee infection. A damaged shoulder prevents him from wheeling his wheelchair. Anthony Jalil Bottom, the first political prisoner to ever submit a petition to the UN in 1976 has suffered a stroke. Mondo We Langa needs an oxygen tank, and Attorney Lynn Stewart, who represented Shaykh Omar Abdul Rahman, and who was jailed for giving a press conference about the his innocence, has Stage 4 breast cancer, which is spreading to her lungs. 

According to a new report by the Justice Department’s independent inspector general, the federal Bureau of Prisons could save taxpayer money and reduce overcrowding if it better manages a program for the “compassionate release” of inmates who are dying or facing other extraordinary circumstances. However, this process requires that the Bureau of Prisons director appeals to the original sentencing judge for permission to release the prisoner! This is impossible without intense public pressure.

Former BLA political prisoner Kazi Toure who did 10 years of time commented, “If we can’t get Lynn Stewart out - a white woman who is not charged with any violent crime - who can we get out?”

Kate Bonner Jackson of the Tarek Mehanna Defense Committee said, “The long haul is harder than mobilizing people to attend a trial,” as it involves teaching community members how to avoid becoming victims of the system themselves. One of the first things we must encourage people to do is to stop using the word terrorist,” advised Jackson. This word “delegitimizes the people’s struggle and is used to repress us.”

Tarek Mehanna Gives Rousing Speech at Sentencing

On April 12, 2010 Tarek Mehanna was sentenced to over 17 years in prison. It was a sad moment for his supporters, who packed the Boston courthouse, but they were rewarded with an historical, moving speech, as Mehanna described how he came to view it as his duty to defend the oppressed.

“I couldn’t see these things beings done to my brothers & sisters – including by America – and remain neutral... [T]his trial was not about my position on Muslims killing American civilians. It was about my position on Americans killing Muslim civilians, which is that Muslims should defend their lands from foreign invaders – Soviets, Americans, or Martians,” stated Mehanna, who compared Muslim fighters overseas to American Revolutionary Minutemen fighting invading British occupation soldiers.

 

Mehanna's speech was on point and delivered very well. He gave a detailed analysis of his youthful intellectual processes, as he learned about American history and painful current events. One news report was particularly shocking to the young teenager: 

“I learned about Abeer al-Janabi, a fourteen-year old Iraqi girl gang-raped by five American soldiers, who then shot her and her family in the head, then set fire to their corpses.”

I'm sure most of us have gone through a similar educational process when we were young, realizing at some point that the world can be a violent and unfair place. Last night, my five-year-old daughter saw a nature show on TV where whales were eating fish swimming under the sea. She was so horrified that she cried, “I'll never eat fish again!” Imagine how she will feel when she learns about Abeer al-Janabi. 

 

True leadership inspires people to transcend fear and to make sacrifices for the sake of others. This author recalls that when I was in fifth grade, a documentary about Dr. Martin Luther King, Jr. inspired me to pray to God right then and there at my school desk to make me among the martyrs. I asked Him to purify me, to fortify me, and to make me worthy.

Mehanna spoke of the examples of true leadership that inspired him to commit the “crime” of translating online Arabic documents related to jihad:

 

“When I was six, I began putting together a massive collection of comic books. Batman implanted a concept in my mind, introduced me to a paradigm as to how the world is set up: that there are oppressors, there are the oppressed, and there are those who step up to defend the oppressed. This resonated with me so much that throughout the rest of my childhood, I gravitated towards any book that reflected that paradigm - Uncle Tom's Cabin, The Autobiography of Malcolm X, and I even saw an ethical dimension to The Catcher in the Rye.”

Mehanna listed among his heroes Paul Revere, Tom Paine, Harriet Tubman, Nat Turner, John Brown, Emma Goldman, Eugene Debs, Anne Frank, Rosa Parks, Malcolm X, Martin Luther King, Ho Chi Minh, and Nelson Mandela. He said he still has all his notes from history class! Malcolm X in particular made him dig deeper into his Islamic roots, to read the Quran and to learn about the Prophet Mohammed (s).

Mehanna testified, “the more I learned, the more I valued Islam like a piece of gold. This was when I was a teen, but even today, despite the pressures of the last few years, I stand here before you, and everyone else in this courtroom, as a very proud Muslim...”

He continued: “I wasn't tried before a jury of my peers because with the mentality gripping America today, I have no peers. Counting on this fact, the government prosecuted me - not because they needed to, but simply because they could...

“In your eyes, I'm a terrorist, and it's perfectly reasonable that I be standing here in an orange jumpsuit. But one day, America will change and people will recognize this day for what it is. They will look at how hundreds of thousands of Muslims were killed and maimed by the US military in foreign countries, yet somehow I'm the one going to prison for 'conspiring to kill and maim' in those countries - because I support the Mujahidin defending those people. They will look back on how the government spent millions of dollars to imprison me as a 'terrorist,' yet if we were to somehow bring Abeer al-Janabi back to life in the moment she was being gang-raped by your soldiers, to put her on that witness stand and ask her who the 'terrorists' are, she sure wouldn't be pointing at me,” Mehanna declared.

“It was made crystal clear at trial that I never, ever plotted to "kill Americans" at shopping malls or whatever the story was...

"The government says that I was obsessed with violence, obsessed with 'killing Americans.' But, as a Muslim living in these times, I can think of a lie no more ironic.”

Mehanna's appeal process has already been set in motion. His defense will take this to appellate and Supreme Court if necessary.

You can read Mehanna's entire sentencing statement at http://freetarek.wordpress.com/