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inktablet:

useyourcommoncents:

Hell, what next, he is going to forgo being at the trial?

Yeah, this is interesting. I thought it was more his attorneys keeping him out of the spotlight and for the logistics/cost of the transport. Seems like that might be some of the issue (it appears he doesn’t like being transported), but if he really doesn’t want to show his face at all, I’m curious as to why. Hmm… 

Marathon bombing victim Fucarile wants Tsarnaev to face victims

thedeaddonottalk:

http://www.myfoxboston.com/story/26569687/fucarile-wants-tsarnaev-to-face-victims?utm_source=dlvr.it&utm_medium=twitter

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 day, hopes that will change soon.

"I’d like to have to see him face us, that’s why I come," Fucarile said outside federal court after Tsarnaev’s latest pre-trial hearing on Thursday.  

Defense lawyers for Tsarnaev sought to change the venue and the date of his trial, which is slated to begin on November 3. 

Fucarile’s upset that Tsarnaeav hasn’t come to court since 2013.

“‘Cause he’s a coward, ‘cause he didn’t face us that day. He walked away. If he was a real man he could have stood there,” Fucarile said.

Defense attorneys are pushing to delay the start of the trial, at least 10 months, and also to move it to Washington D.C. 

However, attorney Brad Bailey says he doubts the judge will allow the trial to leave Massachusetts.

As for moving the date, Bailey said he could see the trial starting in January 2015, or even next March.

"I don’t see him going much further than that," Bailey said.

Defense attorneys for the accused Marathon bomber simply say they are not ready, that they have mountains of evidence to sort through, adding that it’s just too soon to begin, especially because Tsarnaev is facing the death penalty.

"This is going take a lot of work, and I understand why the defense wants more time," Bailey said.

Waiting is something Marc Fucarile says he’s gotten used to in the last 18 months, but that he came to court for a reason.

"I came out to make sure the people working on the case, the judge, know that victims do care." 

Judge George O’Toole says he will rule on both matters very soon.

Victim's of Boston bomber Dzhokhar Tsarnaev demand he faces them in court to see their injuries BEFORE his trial begins in six weeks

let-goletgod:

Boston Marathon bombing suspect Dzhokhar Tsarnaev hasn’t appeared in court for more than a year. But prosecutors and a man who was severely injured in the bombings say they want to see him in a courtroom soon.

'I'd like to see him have to face us and see what he did to us,' Marc Fucarile, who lost his right leg and received other serious injuries, said Thursday after a status conference in the case.

Tsarnaev is legally allowed to skip pre-trial hearings. He has done that for every hearing since his arraignment in July 2013, and did it again Thursday.

At the status conference, Assistant U.S. Attorney William Weinreb told Judge George O’Toole Jr. that prosecutors would like Tsarnaev to be present October 20 for what could be the final hearing before his scheduled November 3 trial.

Weinreb said prosecutors believe Tsarnaev should be at the hearing in case there are any issues that need to be addressed before trial.

Status hearing September 18, 2014

patsysvodka:

Here’s what I jotted down today at the status hearing. I tried to write down as much as I could, but this is definitely not word for word or the entirety of the hearing so consider that and I hope this fills in some of the holes left from the tweets today. I could barely hear the Judge, but the tweets cover his input and actions thoroughly.


Weinreb Prosecution

The defense is not gathering things last minute, they have had material to be used for exhibits. The government needs this to strategize, make decisions about witnesses and exhibits.

Bruck Defense

We are so far from having this case prepared. We know where we’re going, but we don’t have the case. No objection to turn over anything material to the prosecution. We don’t have the outline of the case. Our clients entire life has been seized by the government, truckloads of stuff, his entire life and family. The contents of his dorm room, contents of his friends apartment. We have been hard at work halfway around the world. We are way behind on the process of discovery. We don’t intend to use whatever we have, we’re not at that point.

Weinreb Prosecution

Govt needs affirmative witness list. Defense has only produced one expert, no summary has been produced. The social worker. The defense argument is that they don’t have to produce until the day before trial. At this point defense knows mitigating factors. We need to know what they are to fulfill obligations to rebut.

Bruck Defense

No court has asked for mitigating factors prior to the jury questionnaire. They don’t need it or are entitled to it. We are still receiving automatic discovery including a partial analysis of the defendants computer. We have no idea when is was completed, it was received in the last couple of weeks. We are trying to find out what government allegations will be. Govt has focused only on Jahar as if he self radicalized by himself with no context. That’s their strategy. The defense still doesn’t know about Tamerlan’s computer analysis. Here is discovery we don’t have regarding critical issues in the case. 177 FBI scientists and technicians have worked on this case. We have to know how to respond. Experts, witnesses etc. this work is compressed into 6 weeks. We are faced with a massive array, 7.5 terra bites of electronic discovery. What we have to guide us is the collective experience of courts in this country. 119 capital trials in the last decade, this case is half the median of those cases. We are so far behind, there has been just too much to do. This is a case that is atypical. Other cases have taken four or five years. We have done our best to meet this trial date, it cannot be done. We are part of the process, to get to the bottom of this, and find out why. Reasons to ensure both have time to do our job. If the govt had not asked for death, this case would have been over by now.

Weinreb Prosecution

However much time you are given is your budget of time. This is a reasonable amount of time. Allowing more time will not improve understanding of the case. Govt provided forensic discovery of computers, they fault us for not doing analysis of Jahar’s computer. They were free to do FTK analysis on their own. FTK analysis, a narrative representation about what the agent would say about the evidence. The results of their exam. The government is not trying to prove Dzhokhar self radicalized alone. Tamerlan is not on trial. The govt is not going to do the same analysis on others computers. Defense are not novices and knew their theory would be that Dzhokhar was induced to commit this crime. They are doing the exact same analysis. Not an argument for continuance. We gave all the most important devices to them many months ago. Expert testimony - we gave them what was requested, most of it was not that complicated, DNA, ballistics. It doesn’t take that long to verify analysis and is not grounds for a continuation. Evidence in this case, we have videotape and basic forensic evidence that links the defendant to the crime.

Judge O’Toole, speaking about jury selection issues


October 20th for the final pre trial conference. Any other issues?

The Judge was concerned that there has been no conversation about witness lists.

It’s getting time to do that, two weeks?

Weinreb Prosecution

The government would like the defendant present during the pre trial conference and jury selection.

Bruck Defense

We’ll certainly take that up with him.

At this point my hand was completely cramping up, and it was over!

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

let-goletgod:

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.

meenamaekay:

Dzhokhar Tsarnaev Status Conference
9/18/14
Part 2

meenamaekay:

Dzhokhar Tsarnaev Status Conference
9/18/14
Part 1

patsysvodka:

Standing next to the tree on the west side of Atlantic Fish where the pic of jahar was taken before he moved to the Forum. Direct line from the security camera located on the corner of Lord and Taylor at boylston and ring road. Oddly enough the original camera that I’ve seen in google street view has been removed, I’m not sure what’s up there? A smaller camera or is that just a camera mount left behind? Btw, took me 2 min 6 sec to walk from Atlantic fish to marathon sports with no crowds.

DEFENDANT’S OPPOSITION TO GOVERNMENT’S RENEWED MOTION FOR LIST OF MITIGATING FACTORS

causetta:

Document 557 Filed 09/16/14

Bombing Suspect's Lawyers: We Didn't Pose as FBI

frostyalert:

The defense is claiming that these allegations are false, but the defense has not explained exactly what happened in Russia. I don’t think the Russian government kicked the defense out for no reason.

DEFENDANT ’ S OPPOSITION TO GOVERNMENT ’S MOTION FOR LEAVE TO FILE A SURREPLY

patsysvodka:

Doc. 551 here

GOVERNMENT’S SURREPLY TO DEFENDANT’S MOTION TO CONTINUE TRIAL

ladyjeanne:

Document 550-1 Filed 09/15/14

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