Terrorist Attack at Boston Marathon #11 One Suspect Dead; One in Custody

[CARIIS]

I do not disagree with you that their actions AFTER being identified were suspicious but now I question if the Feds have all the evidence they need to convict him (as stated by other WS members) if this was the case, why would they now be requesting more time to indite DT? This would indicate they do not yet have a sufficient evidence to convict DT of the charges at this stage of the investigation. Allegedly they have 3 confessions, all the footage from the marathon, and evidence from the dorm room?

http://www.telegraph.co.uk/news/wor...rathon-bombing-suspect-Dzhokhar-Tsarnaev.html

This is all defense lawyer crap --- this thing won't hit court till 2019!

 

[CuriousGrace]

This is all defense lawyer crap --- this thing won't hit court till 2019!

Defense lawyer crap? This is from the prosecutors.

 

[KarmaGet'em]

Oh, I'm sorry... This is what most WS members were stating here. I disagreed and asked for proof and factual evidence to back up the claims and I got attacked! Apparently DT knew he run over his brother and that was the end of the story.

I hope you did not think I was attacking you - I was just putting in my :twocents: on what I thought happened.

I did find the death certificate which does mention "SHOT BY POLICE AND THEN RUN OVER AND DRAGGED BY MOTOR VEHICLE" in the "Describe how injury occurred" section.
http://www.bellenews.com/wp-content/uploads/2013/05/Tamerlan-Tsarnaevs-death-certificate-showed-that-he-was-shot-in-the-firefight-and-then-run-over-and-dragged-by-a-vehicle.jpg?5e3151

 

[CuriousGrace]

I hope you did not think I was attacking you - I was just putting in my :twocents: on what I thought happened.

I did find the death certificate which does mention "SHOT BY POLICE AND THEN RUN OVER AND DRAGGED BY MOTOR VEHICLE" in the "Describe how injury occurred" section.
http://www.bellenews.com/wp-content/uploads/2013/05/Tamerlan-Tsarnaevs-death-certificate-showed-that-he-was-shot-in-the-firefight-and-then-run-over-and-dragged-by-a-vehicle.jpg?5e3151

No it's fine I didn't think that. I read the death certificate too. We have not seen an official statement that outlines that DT ran over his brother. As far as we have read TT walked towards LE... It makes little sense that DT would drive towards his brother and not reverse back from the scene.
In a state of epinephrine, and leaving the scene you would not know for certainty that you have hit a body (at certain miles per hour, less than normal) and killed them unless you exited the vehicle to check the body or stayed at the scene. From all reports, DT was out of there within seconds. If you have run over a body with a vehicle, that particular vehicle will display all signs of evidence (in this case the Mercedes SUV) it was the that who run over TT. No evidence had been presented that the SUV Mercedes was the vehicle that contributed to the death of TT. IMO

 

[jjenny]

I do not disagree with you that their actions AFTER being identified were suspicious but now I question if the Feds have all the evidence they need to convict him (as stated by other WS members) if this was the case, why would they now be requesting more time to indite DT? This would indicate they do not yet have a sufficient evidence to convict DT of the charges at this stage of the investigation. Allegedly they have 3 confessions, all the footage from the marathon, and evidence from the dorm room?

http://www.telegraph.co.uk/news/wor...rathon-bombing-suspect-Dzhokhar-Tsarnaev.html

No, it wouldn't indicate that they do not yet have a sufficient evidence.
"U.S. Attorney Carmen Ortiz's office did not specify the exception under which they would seek more time but those available to prosecutors include delays related to the defendant's physical capacity. Tsarnaev remains in a prison hospital after being badly wounded in a gun battle with police before his arrest."

http://journalstar.com/news/nationa...cle_1846885c-c3fb-568b-b5e6-c2682c204f81.html

 

[Elley Mae]

Tsarnaev’s lawyers first made their request on May 7, alerting only the judge and seeking to keep it from prosecutors and the public, but Bowler ordered them to clue in the prosecution.

“The defendant contends that his ‘injuries over time’ provide evidence of ‘his evolving mental and physical state’ which, in turn, is probative of ‘the voluntariness of (his) statements and sentence mitigation arguments,’ ” Bowler wrote in a decision that unsealed the defense lawyers secret court arguments to photograph Tsarnaev.

http://bostonherald.com/news_opinion/local_coverage/2013/05/judge_prison_will_photograph_dzhokhar

bbm, sneaky

 

[claudicici]

Tsarnaev’s lawyers first made their request on May 7, alerting only the judge and seeking to keep it from prosecutors and the public, but Bowler ordered them to clue in the prosecution.

“The defendant contends that his ‘injuries over time’ provide evidence of ‘his evolving mental and physical state’ which, in turn, is probative of ‘the voluntariness of (his) statements and sentence mitigation arguments,’ ” Bowler wrote in a decision that unsealed the defense lawyers secret court arguments to photograph Tsarnaev.

http://bostonherald.com/news_opinion/local_coverage/2013/05/judge_prison_will_photograph_dzhokhar

bbm, sneaky

I think it's clear that they are insinuating that DT was forced to make statements which resulted in further injuries,that's why they want the photos?

 

[Elley Mae]

Investigators say he staged the bombing with his older brother, Tamerlan, 26.

http://news.sky.com/story/1092515/boston-bombing-tsarnaev-indictment-delayed

Prosecutors did not explain why the indictment is delayed or say which of the various exception to the law they will cite in the extension request.

 

[ami]

No it's fine I didn't think that. I read the death certificate too. We have not seen an official statement that outlines that DT ran over his brother. As far as we have read TT walked towards LE... It makes little sense that DT would drive towards his brother and not reverse back from the scene.
In a state of epinephrine, and leaving the scene you would not know for certainty that you have hit a body (at certain miles per hour, less than normal) and killed them unless you exited the vehicle to check the body or stayed at the scene. From all reports, DT was out of there within seconds. If you have run over a body with a vehicle, that particular vehicle will display all signs of evidence (in this case the Mercedes SUV) it was the that who run over TT. No evidence had been presented that the SUV Mercedes was the vehicle that contributed to the death of TT. IMO

I'm not sure where you're getting "it makes little sense" -- his brother had just run TOWARD the police line, shooting a gun. Did that make sense? DT was unarmed but murderous - he aimed a hijacked SUV at a group of police officers that he wanted to kill - why does that make less sense? He wanted to kill people. He had just used explosives to kill children. And you think he would have somehow jumped in his stolen car but exited in the safest, most careful way possible?

In any case, there are enough pictures of the SUV advancing on the lump in the street surrounded by cops, pictures of the cops ducking, then pics of his taillights driving off. Sure, I guess he could have maneuvered around his half dead brother on the ground in the process, and the blunt traumatic injuries on TT could have come from a different thing entirely. But there's no evidence of any of that, there's nothing to support it, and there IS evidence of the running over story. IMO that's a minor part of his crimes anyway, the part where he ran over his brother.

 

[ami]

I'm in Boston today and had to walk past the memorial site to get to the library. I was hesitant at first to visit the bomb sites themselves, but it was touching to see the memorials, the tree planted near the mailbox in front of the Forum restaurant, and the huge memorial in the square across the street from the finish line bombing site (this is where the shoe memorial is as well...). There are some heartbreaking and uplifting children's notes there. Just eerie, sad, beautiful and odd to see the street back to business as usual except for the candles and bears and flowers.

 

[KarmaGet'em]

Here is an article in the Boston Globe about the evening of the shootout...

http://www.bostonglobe.com/2013/05/06/donohue/eH6kTW63ZpKo4T1cCBk0TI/story.html#chapter2

 

[ami]

:seeya:

We have just read that DT did NOT run over his brother. You didn't read my post

Which post? You posted a link to evidence that DT didn't run over TT?

 

[CuriousGrace]

No, it wouldn't indicate that they do not yet have a sufficient evidence.
"U.S. Attorney Carmen Ortiz's office did not specify the exception under which they would seek more time but those available to prosecutors include delays related to the defendant's physical capacity. Tsarnaev remains in a prison hospital after being badly wounded in a gun battle with police before his arrest."

http://journalstar.com/news/nationa...cle_1846885c-c3fb-568b-b5e6-c2682c204f81.html

Okay - so what you are saying is DT had the physical capacity to write a confession on the boat while severely injured with gunshot wounds but his condition 5 weeks later doesn't permit prosecuters from indicting him?

 

[Kimberlyd125]

Okay - so what you are saying is DT had the physical capacity to write a confession on the boat while severely injured with gunshot wounds but his condition 5 weeks later doesn't permit prosecuters from indicting him?

Writing on a boat takes a lot less energy than climbing into to and climbing to the edge of it.
I don't understand why the thought of him using a hand to write is so hard to believe.
Writing does not take much physical exertion at all.

 

[Kimberlyd125]

I didn't post that link! Another member did! Which correlates with my past comments that it is highly probable TT was run over by LE not DT.

That aside, I am more interested in your "our campus" comment. You are essentially saying you resided at the same campus as DT. Did you know him?

I think she is asking, since you asked her if she read your post, IF there is a credible link that says (as you have stated as fact) that DT didn't run over his brother.

And where AMI lives is irrelevant and should not be asked. It's a fine line of sleuthing a member and that is against TOS.

 

[Elainera]

<mod snip>

I think it's clear that they are insinuating that DT was forced to make statements which resulted in further injuries,that's why they want the photos?

It's not clear to me, can you explain what you mean with "further injuries"? How can statements result in injuries? Do you mean torture?

 

[Kimberlyd125]

Here is an article in the Boston Globe about the evening of the shootout...

http://www.bostonglobe.com/2013/05/06/donohue/eH6kTW63ZpKo4T1cCBk0TI/story.html#chapter2

From your link:

Dzhokhar, by then bleeding from multiple wounds, ran over his brother in the stolen SUV, contributing to his death, according to police and witnesses.

 

[BeginnersLuck]

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00628.htm

Certain pretrial delays are automatically excluded from the Act's time limits, such as delays caused by pretrial motions. 18 U.S.C. § 3161(h)(1)(F). In Henderson v. United States, 476 U.S. 321, 330 (1986), the Supreme Court held that § 3161(h)(1)(F) excludes "all time between the filing of a motion and the conclusion of the hearing on that motion, whether or not a delay in holding that hearing is 'reasonably necessary.'" The Act also excludes a reasonable period (up to 30 days) during which a motion is actually "under advisement" by the court. 18 U.S.C. § 3161 (h)(1)(J). Other delays excluded from the Act's time limits include delays caused by the unavailability of the defendant or an essential witness (18 U.S.C. § 3161(h)(3)); delays attributable to a co-defendant (18 U.S.C. § 3161(h)(7)); and delays attributable to the defendant's involvement in other proceedings, including delay resulting from an interlocutory appeal. 18 U.S.C. § 3161(h)(1)(E). (Note, however, that the 30-day defense preparation period provided for in § 3161(c)(2) is calculated without reference to the Section 3161(h) exclusions).
A defendant may not expressly waive his rights under the Speedy Trial Act. See, e.g., United States v. Saltzman, 984 F.2d 1087, 1090-1092 (10th Cir. 1993). However, if the trial judge determines that the "ends of justice" served by a continuance outweigh the interest of the public and the defendant in a speedy trial, the delay occasioned by such continuance is excluded from the Act's time limits. 18 U.S.C. § 3161(h)(8)(A). The judge must set forth, orally or in writing, his reasons for granting the continuance. 18 U.S.C. § 3161(h)(8)(A). The government should never rely on a defendant's unilateral waiver of his rights under the Act. The government should make sure that the judge enters an "ends of justice" continuance and that he sets forth his reasons for doing so.

Much more at the link.

 

[redheadedgal]

I don't understand how the person holding the camera is able to press the shutter button.

JOHN TLUMACKI, PHOTOGRAPHER, "BOSTON GLOBE": I could see the blood just coming out of her body. It was that horrific. I mean, it was just shocking at first to see and then for me to make my way into it and decide what to shoot and not to shoot.

from AC 360 -- link posted below

The CNN Anderson Cooper "Back to Boston: Moments of Impact" Special Report tonight is very gripping and informative. It repeats again tonight and will probably be available at different times throughout the weekend.

transcript: http://transcripts.cnn.com/TRANSCRIPTS/1305/17/acd.02.html

Okay - so what you are saying is DT had the physical capacity to write a confession on the boat while severely injured with gunshot wounds but his condition 5 weeks later doesn't permit prosecuters from indicting him?

i believe jjenny's link mentioned one example for exemption. no reason to assume that it's the one being utilized in this particular case... or that she believes it's been applied to the case against DT.


thanks beginnersluck for that info... i was just going to search that out

 

[Elley Mae]

See See this is where it comes from, my husband says to me where have you been... I say oh just at websleuths... he says OK.