Q:If J takes a plea deal, then will there be any scope for an appeal later on?
Generally, once a plea bargain is made and accepted by the courts, the matter is final and cannot be appealed. However, a defendant may agree to a “conditional” plea bargain, whereby s/he pleads guilty and accepts a sentence, but reserves the right to appeal a specific matter (such as violation of a constitutional right). If the defendant does not win on appeal the agreement is carried out; if the defendant is successful on appeal the bargain is terminated.
Great question and I didn’t know for sure so I looked it up. This also applies to federal cases.
Here’s a brief reminder on the last two hearings before Jahar’s Trial
June 18th 2014: 5th status conference @10 AM in courtroom 9 before Judge O’Toole
October 20th 2014: Final pretrial hearing @10AM in courtroom 9 before Judge O’Toole
November 3rd 2014: Jury Trial @ 9 AM in courtroom 9 ( If the Defense doesn’t ask for a change of venue)
Do you still tell yourself that the FBI really didn’t know who the Boston bombing suspects were when they released the suspects’ photos on national television? Do you still tell yourself that the FBI really needed the public’s help in identifying them? Even after Danny was carjacked and told by his alleged kidnappers that they were the Boston bombers and MIT Officer Collier’s murderers, do you still tell yourself that it makes sense that no officer was made aware of this information prior to the subsequent shootout in Watertown (with those same carjackers)? Do you still tell yourself authorities had no idea who Tamerlan was until his dead fingers were fingerprinted at the hospital?
I can assure you, you have been lied to about when the federal and even local authorities knew the identity of Tamerlan and Jahar Tsarnaev.
Let’s start with the Tsarnaevs’ parents. According to news reports, Tamerlan reportedly called his mother and said the FBI had contacted him and informed him they believed he was behind the bombings. Channel4 news reporter, Nick Sturdee, spoke with the Tsarnaevs’ father in Makhachkala who confirmed the story. Reportedly, Tamerlan’s response to the FBI was, “That’s your problem.” As Channel4 reported, the story could be false. But why would Tamerlan and Jahar’s parents make it up? Or, according to Channel4, Tamerlan may have been telling them in a round about way that he was involved. Yeah. I guess. But highly doubt it.
Then there’s the letter Senator Charles Grassley penned to FBI Director, James B. Comey seeking answers about Tamerlan and Jahar. Some of his questions included:
1. Was Tamerlan recruited by the FBI?
2. Has the FBI had any other contact with either brother outside the investigation that occurred after Russia’s warning?
3. At what time and date were the images of the brothers discovered on video or photograph for the first time as being involved in the bombing?
4. “Did the FBI have the suspects under physical surveillance at any time prior to releasing the photos to the public?”
5. “Was the FBI conducting surveillance in the area of Central Square in the City of Cambridge on the night MIT Officer Sean Collier was shot dead?”
6. Did the FBI notify anyone in the Cambridge Police Department about this surveillance?
7. Was surveillance being conducted in Cambridge on either of the brothers?
Yeah, this dude knows what happened that night, or at least has an inkling. For Grassley’s letter in its entirety go → HERE. In response, Massachusetts Law Enforcement Agencies released a joint statement via FBI website:
“To be absolutely clear: No one was surveilling the Tsarnaevs and they were not identified until after the shootout. Any claims to the contrary are false.”
“These claims have been repeatedly refuted by the FBI, Boston Police, and Massachusetts State Police.”
Apparently a few individuals missed the the FBI, Boston Police and Massachusetts State Police message train. One being MIT Sergeant Clarence Henniger. According to a hot off the presses interview with WBUR, the MIT responding officer to the Collier murder scene, Sergeant Henniger, openly discussed that they knew the identity of Jahar and Tamerlan and that, furthermore, the feds were swarming all over the city of Cambridge because that’s where the suspects lived, of course. Listen to MIT Sergeant Henniger → YOUTUBE. For the full interview and accompanying article go to → WBUR. And yeah. THAT just happened.
Still not convinced? Uh. Okay. Well how about Officer Jean Jean-Louis who missed the message train, as well? Remember this guy? He was Officer Simmonds’ partner and one of three officers that Boston Officer Ricky Moriarty had written some sort of cryptic message to via PaxCenturian. For an refresher go to my last post → The Police Story Part 3. Here’s whatmassbay.edu wrote about that infamous night based on their interview with Jean-Louis (with my emphasis):
“Boston Police Officer Jean G. Jean-Louis was at work when he heard a broadcast over his radio that MIT Police Office [sic] Sean Collier had been shot while sitting in his marked cruiser in Cambridge. A few moments later, Officer Jean-Louis heard a report stating that a carjacking victim had survived the ordeal and alerted police that the two carjackers identified themselves as the Marathon bombers. Officer Jean-Louis and his partners received a description of the two vehicles the suspects were driving and sped off to Cambridge.”
Even Boston Officer Moriarty, again, in the PaxCenturian, cryptically wrote something that clearly pertains to his getting the suspects’ identities out and possibly getting in trouble for it (his emphasis):
“The last thing I want to say aobut this night is this, and I want to make it very clear, I was absolutely NOT mistreated by anyone from the Boston Police Department, up to and including the highest levels of the Command Staff. I had a description of Coward #2 [Jahar] and it needed to be put out forthwith! That is all anyone asked of me. Any rumors or stories to the contrary are false.”
In my book, it’s official. “They” lied. Droves of them lied. And they lied to every citizen of the United States. Anyone remember me saying that it wasn’t possible for every officer of every department to be in on something? No? Well I kinda did. And guess what?
Last year was the first time David Green, CEO of a sports compression company 110% Play Harder, had run the Boston Marathon. The Ironman and ultra-endurance athlete had just crossed the finish line and was walking to meet some friends when the first bomb went off, then the second. He took a picture. It just so happened to be the first sighting of bombing Suspect No. 2, Dzhokhar Tsarnaev.
The left side of Green’s photo would go viral, leading to a nationwide manhunt and eventual capture of the Tsarnaev brothers.
A year later, Green is back in Boston. These are his words and photos.
"I never take selfies. Actually, I take that back. I have one selfie I took at Wellesley College last year [around halfway], where all the girls were screaming. But I’m not a selfie person, I’m not a photographer, and I don’t take many photos. If you look through my photos, it’s my wife or my kid saying, ‘Take a picture of me.’
"I finished the race about 1:50 p.m., dipped into a store to charge my phone, and walked out a minute before the bomb went off. It sounded like a cannon salute. And then the second bomb went off probably 40 or 50 yards ahead of me. There was a sensory explosion, between the sounds and the smell. Just the fear.
"I was in New York during 9/11, and I think there are singular moments that are angles of repose of world-changing events. Maybe it was that experience that I had, that at that moment, time slowed down for me and I knew that something gravely bad was happening. So I pulled out my camera and took a picture. I can’t tell you what I thought I was trying to capture. I don’t know. I thought, I just need to take a picture of this."
Later that night, Green submitted his photo to the FBI. He was thanked, and that was it. He posted the photo to Facebook to let friends and family know he was OK. That Thursday, the FBI released grainy surveillance footage of the two suspected bombers, one of whom was wearing a white baseball cap.
"My friend called me and said, "Dave, look at the photo you posted on Facebook. I could swear there’s a kid in there with a white baseball cap." And the second I looked at that photo, you can see the number on his cap, you can see he’s walking away with no backpack."
Green called the FBI again, and he emailed the photo again at their request. They confirmed that the man in the white cap was a suspect, and that it was Green’s “Constitutional Right” to distribute the photo and get as many eyes on it as possible. So he posted it to Facebook again.
"Within 30 minutes I got a call from The New York Times. ‘David Green?’
"They said, ‘Your photo’s going viral around the world right now.’
"I said, ‘How do you know that?’ They said, ‘Look at all the shares you have. It’s off the chart.’
"The rest is history.
"Catching a moment in time, the horrible, historical incident, and seeing through that lens not only the crime and the atrocity, but the villain? Could you imagine catching Hitler in his bunker taking cyanide with people dying behind him? It’s a crazy thought.
"It’s in that moment that you catch the fear, but it also caught the villain."
What you’re about to read is how it all ended. The denouement. It is a story of remarkable drama, bravery, and terror, and it is based on interviews with Watertown police and fire officials, State Police and Boston police, including Dan Linskey, the superintendent in chief of the Boston Police Department.
Joe Reynolds is a young cop in Watertown, and last Friday he was driving, alone in his cruiser, when he saw them.
Reynolds called it in.
Do not engage, the dispatcher told him. Not on your own.
The brothers pulled over. So did Reynolds. He didn’t know it, but he was about to interrupt the two as they tried, police believe, to transfer their crude, homemade explosives from one vehicle to another.
As Reynolds waited for backup, it felt like hours, but it was only minutes and that backup, in the form of Sergeant John MacLellan, was speeding up the street just as the Tsarnaevs turned and at least one of them opened up on Joe Reynolds. Reynolds threw his cruiser into reverse and sped backwards. He and MacLellan got out and began returning fire.
The suspects had to know they had only one chance if they were going to make their way to New York, perhaps to kill again. They had to shoot their way out. But the cavalry was on the way to ensure that would not happen. A bevy of Watertown, Boston, Transit, and State Police were rushing to help.
Tim Menton, a Watertown patrolman, was on his way home after a detail when he heard the call for backup. He sped toward the intersection of Laurel and Dexter in his personal vehicle, but once he turned onto Dexter Avenue, he was greeted with a burst of gunfire. A bullet pierced his windshield.
Watertown police Sergeant Jeff Pugliese was on his way home after his shift ended, but he heard the frantic calls for backup and sped toward the scene.
MacLellan then ingeniously let his car roll, unoccupied, toward the two men. It drew fire, and every bullet fired into the car was one less bullet that could be used on a cop.
Explosions boomed, and the street lit up with sparks.
“They’re throwing explosives!” a state cop yelled into a radio.
Thinking fast and with sure tactical instincts, Pugliese drove not into the firefight, but down one of the side streets he knows like the back of his hand. He ran through yards in the dark and outflanked the bombers. Pugliese began firing from the side, and police believe that he hit 26-year-old Tamerlan Tsarnaev, bringing him down.
Pugliese and a Boston police officer converged on the wounded man and subdued him. They didn’t know where the younger brother, Dzhokhar, had disappeared to until they heard the gunning of an engine. Dzhokhar aimed the stolen Mercedes-Benz SUV at the cops who, in a scene that would not be out of place in a Hollywood film, dove to safety. Tamerlan Tsarnaev wasn’t as lucky. His body was dragged by the car for a short distance before his little brother drove off.
A suspect was down, but so was an officer. An MBTA cop named Dick Donohue lay on the street, his femoral artery ripped apart by a bullet. A Boston cop named Ricky Moriarty was soon at his side and began doing chest compressions. A pair of Harvard University officers, Ryan Stanton and Michael Rea, applied tourniquets to stop the blood gushing from Donohue’s upper thigh. Others joined in.
A pair of Watertown firefighters, Pat Menton and Jimmy Caruso, were in a fire rescue truck when they got a call for an officer down. Pat Menton froze momentarily: Timmy, he thought, don’t let it be Timmy.
His brother Tim, the off-duty cop who drove from his detail into the middle of a firefight, was not the officer down, but one of the officers working on the officer who was down.
As Pat Menton and Jimmy Caruso raced to the scene, Dan Linskey, the Boston police chief, was standing on a corner in Watertown with a state cop named Chris Dumont when he heard the plaintive cries over his radio.
Officer down! Officer hit! We need an ambulance!
Linskey knew that voice. It was one of his officers, Ricky Moriarty. Both Linskey and Moriarty are former Marines, if there is such a thing. Linskey started running with Dumont beside him.
“Ricky, where are you?”
“Ricky! Please, please, let me know where you are.”
Moriarty had strained a ligament in his hand while doing CPR and pulled off in pain. Another Boston cop, Walter Suprey, jumped in seamlessly. Moriarty gathered his breath.
“144 Dexter!” Moriarty yelled into his shoulder mike, to his chief. “144 Dexter!”
Linskey and Dumont were there in seconds. Linskey saw that Donohue was surrounded by other officers so he ran straight toward the severely wounded Tamerlan Tsarnaev. He saw that one of his cops, Jared Gero, was holding the suspect, who was handcuffed.
“Be careful, Jared!” Linskey remembers yelling. “He might be loaded!”
Linskey and Gero ripped Tsarnaev’s clothes from his body, frisking him for an explosive device. They found none.
At that moment, the two firefighter paramedics, Pat Menton and Jimmy Caruso, arrived at Donohue’s side and took over. It didn’t look good. Donohue had gone into cardiac arrest. He had no pulse. So much blood had drained from his body. He had the pallor of a dead man, but Menton and Caruso were damned if they were going to let a cop die on their watch.
The police officers carried their comrade to the back of the fire rescue truck and put him down. Menton and Caruso leaped in and continued to work on him. The state cop, Dumont, jumped in with them.
Pat Menton cleared his airway. Dumont began CPR. Caruso used all his strength to clamp the pulsing femoral artery, from which Donohue’s life was ebbing away.
“We need a driver!” Pat Menton yelled. “We need a driver!”
Menton didn’t see it, but his brother Tim, the cop, jumped in the driver’s seat. He had never sat in the fire truck and didn’t have the first clue how to operate it. But he got it going.
Protocol called for them to go to the trauma unit at Beth Israel, at least 5 miles away.
“We’ll never make it,” Pat Menton said.
“We’ll never make it,” Jimmy Caruso agreed.
Go to Mount Auburn, they yelled to the driver, who had been joined up front by Donohue’s partner. That hospital was less than 2 miles away.
They screeched to a halt at the hospital, and Pat Menton and Jimmy Caruso went right into the ER with him.
Having just saved a police officer’s life, Pat Menton and Jimmy Caruso walked out of the hospital and right into Tim Menton.
“What are you doing here?” they asked.
“I drove the rig,” Tim Menton replied.
Then they smelled it, an awful, metallic smell. Tim Menton the cop didn’t know how to get the emergency brake off a fire truck, so they had driven with it on for 2 miles.
Back on Laurel Street, they were trying to save Tamerlan Tsarnaev, too. “Because that’s what we do,” Linskey said. “We’re better than them, and we gave him medical care even though he killed women and children in our city. Even though he tried to kill us.”
Linksey had been working 40 hours when Boston Police Commissioner Ed Davis walked over and put a hand on his shoulder. Linskey didn’t want to go, but he could barely stand, and orders are orders.
“You’re not driving your car, are you?” asked his pal, Eddie Kelly, the Boston firefighter from Ladder Tower 17.
“No,” Linksey replied, tossing him the keys, “you are.”
Kelly drove him home and Linskey’s wife led him to the couch. Linskey opened a beer and was wondering what they would have to do to catch the other one when he got a call: they had cornered Dzhokhar Tsarnaev in a boat parked in a backyard in Watertown.
There, the chaos and drama continued. It’s unclear who opened fire and why, but the cops let a fusillade go at the boat. Billy Evans, a Boston superintendent and the most senior officer on the scene, started screaming, “Hold your fire! Hold your fire!”
When they finally pulled the bloody, exhausted kid from the boat, Billy Evans turned to a pair of cops from the MBTA Police SWAT Team. “He hurt your guy,” Billy Evans said. “Cuff him.”
Kenny Tran and Jeff Campbell stepped forward, and they put the cuffs on, for their buddy Dick Donohue and for all of us.
No mention of officer Dennis Simmonds in this article either.
Grassley stated:In the hours leading up to the shooting of [Officer Sean Collier] and the death of the older suspect involved in the bombing, sources revealed that uniformed Cambridge Police Department officers encountered multiple teams of FBI employees conducting surveillance in the area of Central Square in Cambridge. It is unclear who the FBI was watching, but these sources allege the Cambridge Police Department, including its representation at the (Joint Terrorism Task Force), was not previously made aware of the FBI’s activity in Cambridge.BUTIn an April 19 2014 interview with WBUR radio (Boston), Henniger explained how, up until that moment at least, he was not too concerned about the suspected marathon bombers who were still on the loose:'The word was out regarding the suspects now. We knew how they looked like, and we knew they lived in the city of Cambridge at one point’With respect to the Federal Agents deployed in Cambridge, he added:'So our alert basis was not as high because the feds were all over the city of Cambridge, to some degree, knowing that they lived there. It was still not really affecting us directly in a sense. We still had this false security of MIT campus. We felt the threat here in Cambridge was gone'
**Between all the specials, a reenactment and now another book & freaking mini series why bother with a trial? This is just ridiculous!**
With Boston stronger than ever on the one year anniversary of the Boston Marathon bombing, a project about the tragedy and subsequent manhunt is moving forward, as Entertainment One Television has come on to develop “Boston Strong” as a miniseries, TheWrap has learned.
Last July, “The Fighter” writers Eric Johnson and Paul Tamasy optioned picked up rights to “Boston Strong,” an upcoming book by Casey Sherman (“The Finest Hours”) and Boston Herald reporter Dave Wedge. “Strong” examines the city’s reaction to the senseless attack. University Press of New England is slated to publish the book later this year.
Johnson and Tamasy worked with “The Fighter” producer Dorothy Aufiero to develop a feature adaptation of the book, which is now being reconfigured for television. The trio are still involved, and the miniseries will be executive produced by eOne TV’s John Morayniss and Carrie Stein.
Johnson, Tamasy and Aufiero got the jump on the Boston bombing project thanks to their relationship with Sherman, who co-wrote the 2009 book “The Finest Hours” with Michael J. Tougias. Johnson and Tamasy adapted the book for Disney, and Aufiero is producing the movie with Jim Whitaker.
eOne TV is developing horror series “The Diabolic” with Gary Oldman and Douglas Urbanski’s Flying Studio, “Death in the Modern Age” with Dimension Television, the sci-fi series “Gateway” with De Laurentiis Co., and an English-language take on the Israeli drama series “Reaching for Heaven” with Sundance Channel.
Q:How could he write that note all bloodied up and wounded ?? How is that physically possible - with gunshots coming at him ?
My thoughts exactly anon gimme a high five. But it depends on whether you believe he was injured before he was in the boat or after. I also can’t see how he could write that clearly and in straight lines, the boat had a cover over it, has the boat owner said that he had pen and paper on his boat? where did this mysterious pen come from? And where is it now? How was the paper positioned when he was writing, on the side of the boat/on the floor? There’s bullet holes in it. If he was shouting “we didn’t do it” then how come he decided to confess in the boat? If he meant what he wrote in this alleged note how come he didn’t let himself die when he was getting shot at? Why did he surrender?
The note was not written in a paper, it was written on an inside wall of the boat which make it even more unbelievable. I agree with the rest of your message.
Doc 132; Phillipos, Robel Defendant’s Motion to Seal Motion to Change Venue 041814
Here is the Motion to Seal the Change of Venue Motion filed by Robel’s lawyer. So it seems that there was a Motion to Change Venue filed but we don’t know where it’s requesting to be moved to… The government is due to respond by 5/2/14 and I presume we won’t actually know the definite location of the trial until the mid-May hearings.