Marathon bombing victim Fucarile wants Tsarnaev to face victims


BOSTON (AP) - Boston Marathon bombing suspect Dzhokhar Tsarnaev hasn’t appeared in court for more than a year.

Marc Fucarile, who lost his right leg in the bombings that…

I don’t look at Jahar as a coward. I am sure there are reason’s on why he does not attend his hearings. His Defense team could also be wanting to keep him hidden for a little while.

Judge to Rule on Motion to Move Tsarnaev Trial Out of Massachusetts


A judge is expected to rule on a motion to move the trial of Boston Marathon bombing suspect Dzhokhar Tsarnaev out of Massachusetts following a hearing on Thursday morning.

Federal prosecutors and lawyers for Tsarnaev were in court for a status hearing on motions including the defense request to move the trial outside of state and delay the trial’s start by at least 10 months. Tsarnaev waived his right to be attend the hearing and did not appear in court.

The judge said he will rule later in writing on whether the trial should be moved out of state and whether the trial will be delayed.

Tsarnaev, 21, has pleaded not guilty in the 2013 attack that killed three people and injured more than 260. He could face the death penalty.

Prosecutors allege that Tsarnaev and his older brother, Tamerlan, detonated two pressure-cooker bombs near the marathon’s finish line. Tamerlan Tsarnaev was killed during a shootout with police several days after the bombings.

In court Thursday, prosecutors said they still haven’t received discovery from the defense even though the trial is scheduled to start in November. Defense lawyers said their case is not ready yet, and they are still along way from being prepared to exhibit. Until that time, they said it is too early to share which items they will use in their defense.

Dzhokhar Tsarnaev’s attorneys argued that they need more time to review the volume of evidence turned over by prosecutors. They said the November trial date would give them less than the median preparation time allowed other defendants facing a federal death sentence over the past decade, and argued that the process of preparing for this case feels rushed.

A final pre-trial conference has been scheduled for Oct. 20. It is not clear whether Tsarnaev will attend that hearing or jury selection.

September 18, 2014 meenamaekay


Dzhokhar Tsarnaev Status Conference
Part 1


September 17, 2014 ladyjeanne


The parties, by and through undersigned counsel, provide the following status report:

Document 563 Filed 09/17/14

Boston Bombing News: In The Case of USA v. Dzhokhar Tsarnaev, What’s Next?


By: pbszebra Sunday September 14, 2014 3:32 pm

During the 7th status conference coming up on September 18th in the Tsarnaev case, several issues will hopefully be discussed.  I say hopefully because not only does Judge O’Toole delay many of his rulings but he has also been known to not even hear discussions on motions.

During the 6th status conference on August 14th, O’Toole was able to decide to deny Defendant’s Renewed Motion for Hearing to Address Leaks (Doc 438).  The defense was looking for some sort of reprimand or silencing of law enforcement and government officials.  O’Toole did, however, ask the government to make sure relevant department heads have informed their staff about the contents of the government’s July 22 letter regarding leaks.

O’Toole also decided to deny Defendant’s Motion to Set Firewall Procedures (Doc 427).  The defense again was hoping to have procedures put in place to help maintain their client/attorney privacy.   So O’Toole decided the “firewalled AUSA is to maintain a log of communications made to the BOP, the firewalled FBI agent, or the prosecutors.”  Now that really helps …

Defendant’s request for further materials concerning Ibragim Todashev was also denied.  There are certainly a variety of opinions regarding the connections between Todashev and the Tsarnaevs.  Many people firmly believe the cases are not related and there is no need for Dzhokhar’s defense to have the Todashev files.  But I ask just one question:  How in the world are they not related when he was killed during an interrogation in which he was allegedly Tamerlan Tsarnaev was involved in the Waltham murders?  How is that not connected?

Court reserves on defendants Motion for Clarification (Doc 442) and Motion to Compel (Doc 440).  This means O’Toole needs to think about these a little more.  In addition, the prosecution has a couple of motions up in the air, Second MOTION for Order Directing Disclosure of Mitigating Factors (Doc 529) and Second MOTION to Compel Reciprocal Discovery (Doc 530).  They really want this information, but O’Toole can’t give them everything, can he?  Might look like he was biased.

The defense has requested, in the past, motioned to have surplus counts dismissed (Doc 208).  This was denied during the April 16th status conference.  On May 1, 2014, defense filed MOTION to Strike “Betrayal of the United States” as a Nonstatutory Aggravating Factor (Doc 279) and this was granted during the June 18th status conference.  Recently the defense has motioned to have the indictment (Doc 506).  We’ll see if O’Toole even speaks of this, let alone rules.

The defense’s request for change of venue is one of the most important and well known motions Judge O’Toole has yet to rule on.  The motions have gone back and forth since the initial motion on June 18, 2014.  Replies, responses, sur-replies and added expert declarations, including one by Professor Neil Vidmar that was thrown out.  Granted, change of venue is typically a pretrial issue and Judge O’Toole is apparently determined to start this trial on November 3rd, having ordered both sides to confer regarding jury selection procedures.  But is it possible to change the venue after the trial starts?  Is Judge O’Toole really ready to preside over this case?
Regarding the start of the trial, we have yet to hear a ruling on continuance as well.  ”I’ll make you a believer” said O’Toole to Conrad during the August status conference.  So come hell or high water, he is determined to start this trial November 3rd.
Lastly, I wonder if the defense’s visit to Russia will be brought up during the status conference?  By the way, was that a leak?

So let’s read a few tea leaves, shall we?  What will he rule on next week and how will he rule?

Expert: Tsarnaev’s ideal juror ‘a little more liberal’ | Boston Herald


Somewhere in eastern Massachusetts are 12 people who will decide the fate of accused Boston Marathon bomber Dzhokhar Tsarnaev — and one of them could be you.

More than 2,000 people — from Haverhill to Duxbury, and from Framingham to Boston — could get the call from federal court by the end of this month, according to court papers filed yesterday. Doctors, garbagemen, lawyers, nurses and used-car salesmen may be among those who get the news they’ve been picked as potential jurors for the blockbuster terrorism trial.

Who is the perfect pick? Could you survive the scrupulous eyes of prosecutors, defense attorneys and a judge?

For Tsarnaev, a perfect juror would be a card-carrying Cambridge liberal — someone who blames George W. Bush for the war in Iraq and President Obama for NSA eavesdropping on citizens. Of course, that would-be juror would have to be willing to consider the death penalty if Tsarnaev is found guilty. Any moral qualms about lethal injections will be grounds for immediate disqualification.

Another good pick for Tsarnaev’s defense team would be a social worker or psychologist — an empathetic person who might see Dzhokhar as a lost soul, a stranger in a strange land who was under the spell of his older jihadist brother, Tamerlan. “It would be someone who is distrustful of the government’s power and maybe a little more liberal,” said David Yannetti, a criminal defense attorney not involved in the case.

Federal prosecutors will be looking for older folks who worked hard, paid their taxes and respect the government. A retired National Grid worker — who’s living on his pension and Social Security — would be the perfect candidate.

“You need a person who is law-abiding, pro-America and a little patriotic,” said Brad Bailey, a defense attorney and former prosecutor not involved in the case. “You need anyone who would have some real outrage that something like this could happen on American soil.”

Meanwhile, Tsarnaev’s attorneys will look kindly upon a humanities professor from one of Boston’s many universities — who would surely be skeptical as prosecutors paint the former UMass Dartmouth student-slacker as a cold-blooded killer.

A stockbroker or a small-business owner could make the cut for U.S. attorneys seeking a hard-line decision-maker. To put Tsarnaev to death, prosecutors want jurors who have no problem making gut-check choices without emotion. A surgeon — used to making life-or-death calls — would be able to cast a clinician’s eye on Tsarnaev and not be cowered by the prospect of sending a young man to his death.

“You need a decisive type. You need someone who is accustomed to making big decisions, quickly,” Yannetti said. “He or she can’t be afraid to make a tough call.”

Both sides can kick out 20 potential jurors for no reason at all, and that typically eliminates those with the most extreme ideologies and prejudices.

Somewhere in the middle will be 12 men and women and six alternate jurors — and yes, one of them could be you.

- Bob McGovern

* * *

Even if we all lived in Massachusetts, I don’t think most of us would be chosen to serve on the jury, mainly because of opposition to the death penalty.

And as always with the Herald, don’t read the comments.