i can’t believe it’s been this long. time goes by fast! we’re still here for jahar
- ― C. JoyBell C. (via psych-quotes)
**I know there are many who are still waiting for Jahar to accept a plea deal but with the addition of Bruck I found 1 line of this article of particular interest. “Unlike Clarke, he has also represented capital defendants at trial in over 20 cases. ” So perhaps the reason for his addition isn’t so much to do with the DP decision finally being made as it has to do with the fact that the defense intends to take this to trial and needs someone with experience in that area**Battle over SAMS
Recently released court documents have shed new light on the ongoing battle between Federal prosecutors and attorneys for accused marathon bomber, Dzhokhar Tsarnaev, over government-imposed restrictive security measures, or SAMS. The defense had argued that the measures were interfering with their ability to prepare a mitigation/defense case, to which the government duly objected.
Yet one small segment of the government’s filing received far more attention than anything else. Prosecutors alleged that during a family visit (at which a defense investigator was also present), Tsarnaev:”was unable to temper his remarks and made a statement to his detriment which was overheard by the agent”Tsarnaev purportedly made the statement despite the ominous presence of an FBI agent in the room. Tellingly, the government provided no clarification as to the what the comment was or the context it was made in.
A media scrum then ensued, leading to various headlines and reports that sought to spin the ‘detrimental statement’ angle for all its worth. This point was not lost to the defense, who subsequently filed their own scathing response to Federal prosecutor’s latest allegation, noting that:'The government’s opposition also has unleashed a wave of unwarranted and prejudicial public speculation about a comment by Mr. Tsarnaev, supposedly “to his detriment” during a visit with one of his sisters.Tsarnaev’s lawyers also sought to clarify their position with regard to the alleged ‘statement of detriment’. Unlike the government, the defense provided a detailed explanation as to the substance and context of Tsarnaev’s alleged remarks:"The supposed comment by Mr. Tsarnaev “to his detriment” during a visit with one of his sisters is a red herring…
…as the SAMS restrictions were being explained to one of his sisters, in an effort to put her at ease, Mr Tsarnaev made a comment that might be characterized as jocular, or gently mocking toward the purported security concerns that underlie the SAMS prohibition on repeating his statements to others”Clearly angered by the government’s misappropriation of the situation at hand, the defense further argued:'Apparently, if Mr. Tsarnaev appears to be lighthearted in interactions with his sisters, this will be spun into an argument that he should be executed because he lacks remorse and is insufficiently serious about his predicament or his actions. On the other hand, if Mr. Tsarnaev appears impassive or subdued, those observations also likely will be characterized as evidence that Mr.Tsarnaev is cold-hearted and more deserving of the death penalty'They were right. From the very outset the prosecution has sought to spin every situation to its own advantage, in the full knowledge they have the immense resources and comprehensive backing of government to do so. They’ve assumed complete control over media reporting of the case (and used it for their own benefit), whilst simultaneously threatening Tsarnaev’s attorneys with imprisonment should they attempt to do the same.
The defense, it seems, have had enough.Renewed sense of purposeThe language and tone of attorneys’ response was notably different to anything that has gone before it. It appears to signal an aggressive new tactic for Tsarnaev’s lawyers, who have previously been accused of being ‘too soft’ in their various exchanges with Federal prosecutors.
The addition of a new lawyer to Tsarnaev’s legal team may well have something to do with it. Experienced death penalty expert David Bruck has argued 7 capital cases in the Supreme Court and handled over 70 capital appeals in state and Federal courts. Unlike Clarke, he has also represented capital defendants at trial in over 20 cases.
Bruck’s appointment has undoubtedly given the defense a positive boost and a renewed sense of purpose. They appear to have upped their game remarkably, and if the latest spat over SAMS is anything to go by, Federal prosecutors look likely to have a real fight on their hands.
Have the gloves come off? It’s too early to tell, but the signs are all very positive.
"So perhaps the reason for his addition isn’t so much to do with the DP decision finally being made as it has to do with the fact that the defense intends to take this to trial and needs someone with experience in that area"
Well at least it’s certain a plea deal has not been offered, at least not yet. If one had been offered I tend to think he would have accepted, so I don’t believe this is a case of the defense proceeding to trial by choice. In fact if a plea deal had been offered and declined, I think it might have made the papers as it would be huge news.
"it’s certain a plea deal has not been offered, at least not yet."
How is it certain? I think if a plea was offered no one would know about it until and IF he accepted. There are a lot of sealed docs. One can’t really say a deal has or hasn’t been offered with certainty.
Correction: IN MY OPINION it’s almost certain one hasn’t been offered yet. Because if the DP comes off the table, Clarke typically encourages her clients to accept the plea (though any client always has the option to refuse).
Perhaps every now and then we should remind ourselves that tomorrow is never guaranteed.
- K. L. Toth (via iamcharliesangel)
Yes, AUTHORIZED being the key word. It is not a done deal and it is highly unlikely it will happen.
Attorney General Eric Holder announced this afternoon that the U.S. government will seek the death penalty for Dzhokhar Tsarnaev, who is currently awaiting trial for last year’s Boston bombings. “The nature of the conduct at issue and the resultant harm compel this decision,” Holder said in a…
some people expressed their feelings/opinions on yt about the DP
Please do sit down and shut the hell up. The prosecution has RECOMMENDED the death penalty. They’re still to go through the full trial, where I’m sure evidence will be presented to the court.
lmfaoooo true shit!!^^ everyones freaking out over nothing tbh…