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Dzhokhar Tsarnaev admits to setting bombs with brother, source says
boston globe ^ | 4/23 | cullen

Posted on 04/24/2013 12:01:55 PM PDT by RummyChick

Dzhokhar Tsarnaev admitted to authorities Sunday that he and his brother were behind the Marathon bombings, according to a senior law enforcement official.

Tsarnaev made his admissions to FBI agents who interviewed him at Beth Israel Deaconess Medical Center, where he is being treated for multiple gunshot wounds. He had not yet been given a Miranda warning.

Tsarnaev’s attorneys are certain to challenge the legal admissibility of those admissions, and other information he gave them, such as claiming that he and his brothers acted alone, and that his brother was radicalized in an extreme form of Islam in part because he opposed US actions in Iraq and Afghanistan.

(Excerpt) Read more at bostonglobe.com ...


TOPICS: News/Current Events; US: Massachusetts
KEYWORDS: bomber; bostonbombing; confession; fastandfurious2; fastfurious2; marathonbombing; tsarnaev
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BERFORE THE MIRANDA WARNINGS.

I SAID THAT WAS A IDIOTIC MOVE BY THE FEDS...or maybe dumb on purpose

1 posted on 04/24/2013 12:01:55 PM PDT by RummyChick
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To: RummyChick

Bill “guilty as sin yet free as a bird” Ayers could give him pointers on how to get the government to sink its own case.


2 posted on 04/24/2013 12:04:10 PM PDT by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: RummyChick
They don't need his admission of guilt. He's nailed 1000 ways.

And they can ask him the same questions again with an attorney.

3 posted on 04/24/2013 12:06:08 PM PDT by Sacajaweau
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To: RummyChick

I think the witness who was kidnapped by the terrorists during the carjacking is in great danger. I wouldn’t be at all surprised if he doesn’t live to testify. I assume it will be months, if not years, before this case comes to trial, and in that time this witness could have an unfortunate “accident.” Which of course wouldn’t have anything to do with radical Islamists.


4 posted on 04/24/2013 12:06:17 PM PDT by American Quilter (I will succeed despite the liberals.)
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To: RummyChick

My opinion, the latter...


5 posted on 04/24/2013 12:06:41 PM PDT by Irenic (The pencil sharpener and Elmer's glue is put away-- we've lost the red wheel barrow)
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To: Sacajaweau

YEP —


6 posted on 04/24/2013 12:07:54 PM PDT by Uncle Chip
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To: American Quilter

If he does, we’ll never hear about it. The media will bury it so deep, it’ll look like the Dead Sea scrolls.


7 posted on 04/24/2013 12:08:26 PM PDT by Hoffer Rand (There ARE two Americas: "God's children" and the tax payers)
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To: Sacajaweau

You have a confused, drugged, shot in the throat, scared kid whose brother gave him a backpack and he had no idea what was in it and was terrorized into admitting guilt - which can’t be admitted anyway...

Yeah, it could play that way


8 posted on 04/24/2013 12:09:08 PM PDT by RummyChick
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To: RummyChick

Somebody should have snuck in and Mirandized him just to mess with the Feds.


9 posted on 04/24/2013 12:09:41 PM PDT by AppyPappy (You never see a massacre at a gun show.)
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To: RummyChick
Nothing dumb about it at all. They weren't asking these questions to help prosecute him. They asked these questions to identify other potential conspirators.

They don't need any of the information they've gotten from him to prosecute him.

10 posted on 04/24/2013 12:10:02 PM PDT by Alberta's Child ("I am the master of my fate ... I am the captain of my soul.")
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To: RummyChick

If he is an aspiring rapper it will be O.K. anyway.


11 posted on 04/24/2013 12:10:58 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: RummyChick

These statements are (possibly) inadmissible in court, and any related evidence gathered from the statements may be inadmissible. However, any evidence gathered independently of these statements is certainly admissible, including photographs of him present at the bombing, evidence collected at his apartment, eye witness testimony from witnesses at the bombing, at the carjacking, at the shootout, etc, etc, etc.

Let’s be perfectly honest here - the only issue in court is if he’s executed or spends the rest of his life in prison. Pick your poison: shooting a cop while on the run, shooting at cops, using explosive devices to try to get away, carjacking and kidnapping, armed robbery - oh, and the bombing of the Boston Marathon. By any sane measure, it should be the shortest trial in history.

Of course, courts are our finest insane asylums in the country.


12 posted on 04/24/2013 12:11:44 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: RummyChick

Don’t get too excited! Many posters here at FR were immediately calling for him not to be read his Miranda Rights and to go directly to the water-boarding room!


13 posted on 04/24/2013 12:12:11 PM PDT by Mr Fuji
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To: RummyChick; a fool in paradise

When did he stop being “alleged”?


14 posted on 04/24/2013 12:12:27 PM PDT by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Alberta's Child

Notice that none of the reports are that the LIVE brother admitted guilt to the carjacker..it is the dead brother.

There is a case to be built in the defense of the live one...depending on what they have on video.

Do they have a video of him setting off a detonator for that backpack?

IF NOT, then they start building the defense layer upon layer.
It was idiotic to not mirandize this guy..and you are going to see what falls through the cracks because of it.


15 posted on 04/24/2013 12:14:47 PM PDT by RummyChick
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To: Mr Fuji

Waterboarding isn’t always effective. I prefer to use ‘surfboards’ and “ironing boards” preferably with a hot iron attached to it. Works all the time. /sarc

I could Drone on about this topic but I don’t want the ACLU to come after me.


16 posted on 04/24/2013 12:15:55 PM PDT by MadMax, the Grinning Reaper
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To: MadMax, the Grinning Reaper

Why not just use sodium pentathol


17 posted on 04/24/2013 12:17:49 PM PDT by RummyChick
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To: Sacajaweau

I was thinking same thing. The question is why did they not read him his rights anyway and get it out of the way?


18 posted on 04/24/2013 12:20:23 PM PDT by plain talk
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To: RummyChick
From what I read in the days after the Boston Marathon bombing, it was surviving victims at the scene who identified one or both culprits to the police. It was the eyewitness accounts from these people that led police to release the original photos of the suspects that following Thursday evening.

The trial -- if there even is one -- is going to be a simple matter of having the prosecutor trot out all of these victims (potentially including children) to point the finger at him and testify that he left the backpack right there at the scene.

The irony is that it may not be possible for an attorney to mount a credible defense in this case. He/she would probably recognize that even the simple act of cross-examining such sympathetic victims would turn the jury against his client in a heartbeat.

19 posted on 04/24/2013 12:22:46 PM PDT by Alberta's Child ("I am the master of my fate ... I am the captain of my soul.")
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To: RummyChick
Dzhokhar Tsarnaev admits to setting bombs with brother

Gee, thanks for clearing that up.

20 posted on 04/24/2013 12:23:37 PM PDT by dfwgator
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To: kingu
Let’s be perfectly honest here - the only issue in court is if he’s executed or spends the rest of his life in prison.

Exactly. This guy isn't going anywhere. The older brother might would refuse to plead out so he could grandstand at trial. The kid, I suspect, would be willing (at some point) to take a plea and cooperate in exchange for taking the death penalty off the table. Not sure if the government is feeling charitable or really needs anything from him at this point though.

21 posted on 04/24/2013 12:28:24 PM PDT by Longbow1969
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To: plain talk

Holder wants to greatly expand the public safety exemption to Miranda warnings.

Including questioning about things that have nothing to do with public safety.

http://www.guardian.co.uk/commentisfree/2013/apr/20/boston-marathon-dzhokhar-tsarnaev-mirnada-rights

“”There may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government’s interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation.””


22 posted on 04/24/2013 12:32:01 PM PDT by RummyChick
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To: kingu

The statements may not be inadmissable. Anything the suspect says is admissible, regardless of Miranda, if the statement is made freely and not as part of direct questioning by law enforcement. If somebody is placed in custody and then starts spouting off, there is no requirement for officers to stop him to read him his rights.


23 posted on 04/24/2013 12:34:49 PM PDT by USNBandit (sarcasm engaged at all times)
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To: RummyChick

And it was taped?


24 posted on 04/24/2013 12:36:24 PM PDT by Cyman
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To: Cyman

http://jurist.org/paperchase/2011/09/federal-judge-rules-accused-plane-bombers-hospital-statements-admissible.php

” A judge for the US District Court for the Eastern District of Michigan [official website] ruled [case materials] Thursday that statements made by Nigerian national Umar Farouk Abdulmutallab [BBC profile; JURIST news archive] while in the hospital following his alleged attempt to detonate a bomb on Northwest Airlines Flight 253 are admissible. Abdulmutallab argued that the conduct of the FBI agents was coercive because they interviewed him while under the effects of painkillers [text, PDF] and did not give him Miranda warnings. The government responded that Abdulmutallab’s statements were voluntary [text, PDF] because the fact that an individual was on painkillers alone does not necessitate a finding of involuntariness and there was no evidence of any type of coercive conduct by the FBI agents. The government further argued that the lack of Miranda warnings was justified by the fact that Abdulmutallab claimed that he was trained by al Qaeda and the agents feared that an immediate interview was necessary to ascertain whether there were other imminent attacks planned”


25 posted on 04/24/2013 12:40:37 PM PDT by RummyChick
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To: Sacajaweau

..........................................................................Senior police official said authorities are not worried about the initial admission to authorities being thrown out, because they have a strong witness: the man who was abducted by the Tsarnaev brothers last Thursday night.

According to the official,... the bombers repeatedly told the carjack victim that they were going to New York, which is why they used his ATM card at various locations: they needed cash for the trip.


26 posted on 04/24/2013 12:46:40 PM PDT by caww
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To: Longbow1969

” The death penalty has been shown over and over to be more expensive to use than to imprison someone in prison for the rest of his life. This is because the cost of prosecution goes up exponentially in capital cases, then the appeals process is lengthy and again extremely expensive.

I personally think that the cost of capital punishment is too much to bear from both a fiscal and a moral standpoint.

Furthermore, I think being 19 and looking forward to a long life inside a prison cell living with animals is infinitely more punishment than being given the respite of death.

(From @RanBirkins ... Former sex crimes and homicides prosector. Commenting on thread)..I agreee.


27 posted on 04/24/2013 12:50:46 PM PDT by caww
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To: Mr Fuji

Hey, outrage is dynamic


28 posted on 04/24/2013 12:50:54 PM PDT by stuartcr ("I have habits that are older than the people telling me they're bad for me.")
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To: caww

It didn’t take long to execute McVeigh


29 posted on 04/24/2013 12:53:13 PM PDT by stuartcr ("I have habits that are older than the people telling me they're bad for me.")
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To: American Quilter
There's absolutely no reason to hit him. This isn't the mob. And by now they have made a video of his testimony and he has signed affidavits. Damn right it will hold up in court.

This isn't Perry Mason....Someone out of the blue isn't going to jump up in court and say they did it.

30 posted on 04/24/2013 12:54:22 PM PDT by Sacajaweau
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To: caww

Only 1 admitted it
http://www.dailymail.co.uk/news/article-2313132/Did-hear-Boston-Marathon-explosion-I-did-Chilling-words-bomber-carjacking-victim-said-spared-wasnt-American.html

And if the witness is killed by another terrorist cell member...then what.

Harken back to the days when the mafia was about the worst thing we faced. instead of jihadists..they killed off witnesses.


31 posted on 04/24/2013 12:54:39 PM PDT by RummyChick
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To: RummyChick

“You have a confused, drugged, shot in the throat, scared kid whose brother gave him a backpack and he had no idea what was in it and was terrorized into admitting guilt - which can’t be admitted anyway...

Yeah, it could play that way”

______

And so begins a media and legal circus the likes of which hasn’t been seen in quite a while.


32 posted on 04/24/2013 12:55:12 PM PDT by mongo141 (Revolution ver. 2.0, just a matter of when, not a matter of if!)
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To: caww
The death penalty has been shown over and over to be more expensive to use than to imprison someone in prison for the rest of his life.

Yeah, but it's hard to argue against that 0% recidivism rate.

33 posted on 04/24/2013 12:55:23 PM PDT by dfwgator
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To: Sacajaweau

You have the right to confront your accuser.

It’s called cross examination.


34 posted on 04/24/2013 12:56:44 PM PDT by RummyChick
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To: RummyChick

A lot of liberals believe that his motives (hating America, hating Christianity) were actually valid motives. It would not surprise me in the least if a jury lets him off with some sort of temporary insanity plea, or some sort of “justified” Jihad claim or something. We’re reaching that point where liberals are actually seeing this sort of action against the “Old white men” or “crazy Christian wing-nuts” as justifiable.


35 posted on 04/24/2013 12:58:02 PM PDT by Cementjungle
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To: plain talk
It may have been his condition. I would think the first few questions were to see if his brain was even functioning at a cognitive level.

So now someone says....well, he was in such poor condition........Does the reading of his Miranda rights even hold up??

But that's not the point....he is not the best evidence of his crime...It's not like everyone has bomb making components and pressure cookers in their residence and car, bullet holes in their bodies...

36 posted on 04/24/2013 1:01:50 PM PDT by Sacajaweau
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To: Sacajaweau

“Damn right it will hold up in court.”

I guess you don’t know much about the 6th Amendment.

There is a little important clause in the 6th Amendment that you should want the court to adhere to if you ever find yourself in a criminal prosecution.


37 posted on 04/24/2013 1:07:01 PM PDT by RummyChick
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To: RummyChick

For those that just like to make stuff up....

You might want to read the SCOTUS cased based on a Massachusetts appeal

http://www.law.cornell.edu/supct/html/07-591.ZS.html

“Under Crawford, a witness’s testimony against a defendant is inadmissible unless the witness appears at trial or, if the witness is unavailable, the defendant had a prior opportunity for cross-examination. 541 U. S., at 54.”


38 posted on 04/24/2013 1:13:02 PM PDT by RummyChick
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To: RummyChick
Thanks for link...noteworthy about the cell phone tracking them....especially after bellowing off they were the bombers on their way to New York...they didn't realize the hostage left his cell phone in the car....

‘His, (the hostage) cell phone was still in the car’ and police were able to determine its location by pinging signal to it....The car was tracked to Watertown where after a fierce gun=battle Tamberland was captured.

Read more: http://www.dailymail.co.uk/news/article-2313132/Did-hear-Boston-Marathon-explosion-I-did-Chilling-words-bomber-carjacking-victim-said-spared-wasnt-American.html#ixzz2RPigwfVi
Follow us: @MailOnline on Twitter | DailyMail on Facebook

39 posted on 04/24/2013 1:19:00 PM PDT by caww
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To: caww

Too dang funny...undone by a hostage cell phone.


40 posted on 04/24/2013 1:21:53 PM PDT by RummyChick
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To: Cementjungle
No matter what the motives....they were cold blooded murderers. They knew children were there and innocent people....absolutely premeditated and brutal murderers. I give them no cover whatsoever ...none...they knew what they were doing for months before they pulled it off.
41 posted on 04/24/2013 1:23:05 PM PDT by caww
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To: caww
I personally think that the cost of capital punishment is too much to bear from both a fiscal and a moral standpoint.

I have no problem with capital punishment from a moral standpoint. None whatsoever. Further, it is a very valuable tool for prosecutors. Offering to take the death penalty off the table for a confession and life without parole is extremely helpful - and saves the people a lot of money that would have gone into a lengthy trial.

42 posted on 04/24/2013 1:25:26 PM PDT by Longbow1969
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To: RummyChick

Imagine boasting about blowing up bodies....like big ol tough guys...only to be shut up completely a short time after.

Islam is a terrible culture of death which honors the unmerciful killing of non-believers for the sake of terrorizing the fearful.

We allow these abominations to walk freely through our borders...communities and this as if there is some honor in these achievements..... No other social group would be allowed to commit such atrosoties in the name of god and be given carte blanch pass on responsibilities.

Plain and simple... “ the voice of the Islamic community condemning these acts is a faint/weak meow”


43 posted on 04/24/2013 1:28:21 PM PDT by caww
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To: RummyChick

For those of you that continue to think Constitutional rights should be thrown out because Bomber is a terrorist you better think about how it could be applied to you when you are determined to be Right Wing Christian terrorist with a gun.

The crux of the argument before SCOTUS was this:

“(d) The Confrontation Clause commands that reliability be assessed in a particular manner: by testing in the crucible of cross-examination. Roberts allows a jury to hear evidence, untested by the adversary process, based on a mere judicial determination of reliability, thus replacing the constitutionally prescribed method of assessing reliability with a wholly foreign one. Pp. 25—27.”

http://www.law.cornell.edu/supct/html/02-9410.ZS.html

If you are ever charged with a crime you damn well better want your 6th Amendment rights.


44 posted on 04/24/2013 1:30:04 PM PDT by RummyChick
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To: Longbow1969

I am for capital punnishment....but this guys age is going to come into the mix, and the influence of his brother bigtime....it’s already spewing from the media. So poeple aren’t going to see him as an adult making decisions.

And watch the “drama” of the mother unfold...she is quite the actor...I’d bet she claims to be overwrought , ends up in a clinic somewhere...all to protect herself from her roll in influencing her sons in the way of Islam.


45 posted on 04/24/2013 1:32:58 PM PDT by caww
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To: caww

Let’s not forget the picture of him supposedly getting out of the boat where it doesn’t look like he had just tried to blow his head off.

Something is amiss with that photo.

I am waiting for the ACLU or someone to claim he was trying to surrender and the police shot him in the head.


46 posted on 04/24/2013 1:35:49 PM PDT by RummyChick
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To: RummyChick

I don’t have a problem with that photo not showing the wound....only one side of his head is showing....and we don’t see the other wound in the leg either. Either way his wounds were not the issue as much as the loss of blood weakened him.

The great part in all this is no vital organ was hit....so any way the authorities chose to buy some time along the way is good for me.

I’m not ready to see what was or not a cover-up....just too many loose ends all around....not to mention the family issues, if or not they’ll be the next feature of the show,
but there is certainly pieces along coming together.

Either way...the two were brutal murderers. I have no empathy or sympathy for them.


47 posted on 04/24/2013 1:44:22 PM PDT by caww
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To: caww

The guy lost a lot of blood from being injured. He had just been flash banged.

And supposedly he just tried to commit suicide by shooting himself in the head through the mouth.

He has remarkable strength to pull himself up and out of that boat after trying to blow his brains out.


48 posted on 04/24/2013 1:52:02 PM PDT by RummyChick
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To: RummyChick

Here’s a good photo of the boat with the blood from his head wound....and other wounds.

http://www.dailymail.co.uk/news/article-2313052/Boston-bombings-Up-close-look-bloodied-bullet-riddled-boat-bombing-suspect-hid-hero-owner-tries-avoid-spotlight.html


49 posted on 04/24/2013 1:55:49 PM PDT by caww
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To: caww

It’s a good thing he was on Medicaid, those transfusions are expensive.

Got 4 units last time I was operated on.


50 posted on 04/24/2013 1:57:54 PM PDT by nascarnation (Baraq's economic policy: trickle up poverty)
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