Skip to comments.Dzhokhar Tsarnaev admits to setting bombs with brother, source says
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.
Tsarnaevs 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 ...
I SAID THAT WAS A IDIOTIC MOVE BY THE FEDS...or maybe dumb on purpose
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.
And they can ask him the same questions again with an attorney.
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.
My opinion, the latter...
If he does, we’ll never hear about it. The media will bury it so deep, it’ll look like the Dead Sea scrolls.
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
Somebody should have snuck in and Mirandized him just to mess with the Feds.
They don't need any of the information they've gotten from him to prosecute him.
If he is an aspiring rapper it will be O.K. anyway.
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.
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!
When did he stop being “alleged”?
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.
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.
Why not just use sodium pentathol
I was thinking same thing. The question is why did they not read him his rights anyway and get it out of the way?
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.
Gee, thanks for clearing that up.
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.
Holder wants to greatly expand the public safety exemption to Miranda warnings.
Including questioning about things that have nothing to do with public safety.
“”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.””
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.
And it was taped?
” 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”
..........................................................................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.
” 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.
Hey, outrage is dynamic
It didn’t take long to execute McVeigh
This isn't Perry Mason....Someone out of the blue isn't going to jump up in court and say they did it.
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.
“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 cant 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.
Yeah, but it's hard to argue against that 0% recidivism rate.
You have the right to confront your accuser.
It’s called cross examination.
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.
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...
“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.
For those that just like to make stuff up....
You might want to read the SCOTUS cased based on a Massachusetts appeal
“Under Crawford, a witnesss 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.”
‘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
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Too dang funny...undone by a hostage cell phone.
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.
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”
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. 2527.”
If you are ever charged with a crime you damn well better want your 6th Amendment rights.
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.
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.
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.
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.
Here’s a good photo of the boat with the blood from his head wound....and other wounds.
It’s a good thing he was on Medicaid, those transfusions are expensive.
Got 4 units last time I was operated on.