Obstruction Case Against Tsarnaev Friend May Soon Go To Jury

BOSTON — The first case related to the Boston Marathon bombings may soon go to the jury.

Prosecutors are close to completing their case in the obstruction trial of Azamat Tazhayakov, and are expected to rest on Monday.

Lawyers for the friend of suspected Boston Marathon bomber Dzhokhar Tsarnaev are not saying whether they will call any witnesses. But the judge has told jurors they may begin deliberations Wednesday.

Matthew Myers, who represents Tazhayakov, says he’s optimistic about the outcome.

“I do feel good about it. I don’t think we had any hiccups along the way,” Myers said. “I don’t think there’s any surprise to us. We’ll finish strong and we look forward to the case getting to the jury.”

Judge Douglas Woodlock still has to decide whether statements Tazhayakov made to the FBI are admissible.

Tazhayakov and another friend, Dias Kadyrbayev, are accused of removing items from Tsarnaev’s dorm room hours after the FBI posted video and photos of him as a suspect.

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  • furtive

    Harvey Silverglate, Esq. in the Boston Globe 5-10-13:

    “The 302 report, which the interviewee does not normally see, becomes the official record of the exchange; any interviewee who contests its accuracy risks prosecution for lying to a federal official, a felony. And here is the key problem that throws the accuracy of all such statements and reports into doubt.

    In 2006 the FBI defended its no-electronic-recording policy in an internal memorandum, published in The New York Times.

    The memo in part attempts to defend the policy as logistically necessary, but given that virtually every cellphone today has sound recording capabilities, any “inconvenience” or “non-availability” excuse for not recording seems laughably weak.

    a. The more honest — and more terrifying — justification for non-recording given in the memo reads as follows: “. . . perfectly lawful and acceptable interviewing techniques do not always come across in recorded fashion to lay persons as proper means of obtaining information from defendants. Initial resistance may be interpreted as involuntariness and misleading a defendant as to the quality of the evidence against him may appear to be unfair deceit.”

    In other words, When viewed in the light of day, recorded witness statements could appear to a reasonable jury of laypersons to have been COERSIVELY OR MISLEADINGLY obtained.

    b. if they deny they said what any 302 report claims they uttered, can then be indicted for making false statements.

    c. The FBI is able to put words into a witness or suspect’s mouth and coerce him to adopt the FBI’s version as his own. The FBI thus establishes the official version of what a witness said, and the pressure on the witness to adhere to the 302 version is enormous. Any deviation, after all, raises the question: “Were you lying during your FBI interview, or are you lying now?”

    Unlike the federal government, many states understand that unrecorded testimony must be viewed with skepticism in a fair judicial process. In Massachusetts, the Supreme Judicial Court requires that a custodial interview be electronically recorded whenever possible. For unrecorded testimony to be admitted at trial, a judge must instruct the jury to be wary of police claims as to what the interviewee did and did not say.”

    • Jane Goron

      I agree with you 100%. We have seen in this situation how many times the ‘official version’ of the story has changed already – It’s wrong that the word of the FBI is enough to make someone guilty – when the FBI has many shadows of doubt hanging over their own agency. I hear now that prosecutors may not use the supposed note in the boat as evidence – I can only think that, either the note wasn’t really there, wasn’t worded the way they have said, or that someone else wrote the note. It sounded too ‘textbook’ for me. It sounded unbelievable that someone who was injured as severely as they said Dzhokhar was when he was in the boat, could have found something to write with – in the dark – while thinking he was dying – then composed such a note. Again, we are told to believe that whatever the FBI says is true. They are never questioned or challenged – and, in the case of the murder of Ibragim Todashev, they were simply allowed to investigate themselves (as always) – and of course, found that everything was done properly. Terrorists? Organized crime? We’re told that those factions operate on intimidation, threats of harm, murder, ruin by stories/lies told, etc. People afraid to step up and challenge them. Sounds like FBI does the same things ??? The only difference – they are allowed to get away with it by everyone in power in this country. I don’t get it. But maybe it’s just me.

  • furtive

    Inert products is a contractor that had been selling fake pressure cooker IEDs in black backpacks for government and law enforcement training exercises prior to the bombings. The company also offered, “fully functional IEDs, IED triggers, electronic circuits, and electronic components” with a $2,899 kit that can make, “[a]ny of [their] static/mockup devices…into a functional training device.” Their list of clients includes the FBI, DHS, and Strategic Operations, a company that “provides Hyper-Realistic training environments for military, law enforcement and other organizations…” Strategic Operations is also a participant of Boston’s Urban Shield program and listed as a supporting agency.

    “Inert Products, LLC. founded in 2007, produces high quality, inert training aids that withstand punishment in the field. It’s our goal to produce the most realistic training aids available on the market today while keeping them cost effective and durable. With a catalog of 1000+ products and our custom capabilities, we currently offer the widest selection of training aids available. Our training aids are currently in use with our Armed Forces and Law Enforcement agencies worldwide. We are proud to be an American company in which all of our products are made in the USA. Standing behind our work 100%, we believe simply, better products provide better training. ”

    Raytheon is a distributor.

    Judge O’Toole’s wife is a VIP there.
    O’Toole was not the assigned judge in April 2013.

    He was SELECTED in June 2013 according to the court docket entries.

    Homeland Security has funneled billions of dollars towards the protection of U.S. cities. Boston is one of the DHS’s “Tier 1″ U.S. metro areas — in DHS’s view, one of the country’s ten most likely targets for terrorism. The Urban Areas Security Initiative (UASI), the largest part of the Homeland Security Grant Program, distributes half a billion dollars annually to 31 U.S. metros,

    and sent $11 million to Boston in the 2012 fiscal year.

    Few U.S. cities could have been better prepared for the events….
    ..Part of that money must go towards live drills, so over the past couple years, Boston has conducted two citywide disaster simulations with Cytel Group’s Urban Shield, using the preparation and after-action reports from the first trial (in May 2011) to improve the city’s preparedness in the second, in November 2012. (The city also hosted an emergency management summit last August.)

    James Baker, the president of security consultancy Cytel Group:
    “Everything that you saw happen within seconds of the explosion was all because someone thought they should be prepared for that.”
    In the past 24 months, Baker has helped Boston run two massive, 24-hour worst-case scenario simulations that bore no small resemblance to the situation unfolding this afternoon in Watertown…
    In Boston, Urban Shield was sufficiently disruptive and expansive that Mayor Thomas Menino’s felt obliged to ask residents to remain calm:

    “Urban Shield: Boston will run for a 24-hour period. As a result residents in the area may hear simulated gunfire, observe officers responding to simulated emergencies, or see activity in the Boston Harbor. Each scenario will be run multiple times, and organizers urge residents not to be alarmed.”

    …The drills are intended to be strikingly lifelike. Urban Shield has worked with Strategic Operations, a Hollywood effects company that also helps prepare army medics for the battlefield. (Their disaster scenario staff, Baker says, include an amputee.) With a generous helping of moulage, their drills aim to force officials to confront both the logistical and atmospheric challenges of a disaster.”

  • furtive

    Harvey Silverglate, Esq.
    Mass. Lawyers Weekly 1-24-13:

    1. “Since the mid-1980s, a proliferation of vague and overlapping federal criminal statutes has given federal prosecutors the ability to indict, and convict, virtually anyone unfortunate enough to come within their sights. And sentencing guidelines confer yet additional power on prosecutors, who have the discretion to pick and choose from statutes covering the same behavior.

    2. This dangerous state of affairs has resulted in countless miscarriages of justice, many of which aren’t recognized as such until long after unfairly incarcerated defendants have served “boxcar-length” sentences.”

    3.Such pressures help explain why fewer than 5 percent of federal criminal cases in Massachusetts are taken to jury trials, a phenomenon that has concerned U.S. District Court Judge William Young, who observed in Bertoff v. United States of America that “[e]vidence of sentencing disparity visited on those who exercise their Sixth Amendment right to trial by jury is today stark, brutal, and incontrovertible….”

    4. It seems never to have occurred to Ortiz, nor to the career prosecutors in her office in charge of the prosecution, Stephen Heymann and Scott Garland, that there is something wrong with overcharging, and then raising the ante, merely to wring a guilty plea to a dubious statute.

    5. Nor does it occur generally to federal prosecutors that there’s something wrong with bringing prosecutions so complex that they are guaranteed to bankrupt all but the wealthiest.

    6. These tactics have become so normal within the Department of Justice that few who operate within the bowels of this increasingly corrupt system can even see why it is corrupt.
    Even most journalists, who are supposedly there to tell truth to power, no longer see what’s wrong and even play cheerleader.

    7. The culture of the U.S. attorney’s office will continue undisturbed — unless the bar refuses to tolerate that the federal courthouse has become a place of torment rather than a palace of justice.

    8. The bar should be in the forefront of warning Congress, the news media and the public that the DOJ and the federal courts, in Boston and elsewhere, are out of control.

  • rosariopwetzler

    My Uncle
    Riley got an almost new red GMC Canyon just by some parttime working online
    with a laptop. visit their website C­a­s­h­f­i­g­.­C­O­M­

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