By Mary W Maxwell, PhD, LLB
A 21-year-old man named Dzhokhor (“Jahar”) Tsarnaev was arrested and imprisoned for almost two years in solitary confinement as a suspect in the Marathon bombing. Then his very strange trial began. As recently as two days ago we have become aware that the judge improperly met with jurors.
The interesting thing about that is that such a breach of ethics by a judge means that the trial should be declared a mistrial. That will be discussed later this week.
Right now Gumshoe is presenting a series called “Getting a Judge.” Part 1 discussed impeachment by Congress as a way to remove a judge from the federal bench. Part 3 will cover two more options: disbarment, and bringing criminal charges against the judge.
For now, I wish to deepen the context of this case by discussing a truly breathtaking affidavit in Jahar’s file, and by reviewing some odd aspects of the trial.
The Maret Tsarnaeva Affidavit
A person named Maret Tsarnaeva — who happens to be the aunt of the accused Jahar, but that doesn’t really matter – put the judge on notice that something very peculiar had happened in regard to the case. Was it something that the judge, once he was put on notice, should have reacted to? I say yes, definitely.
The story is this. She related that the so-called defense team (public defenders, as Jahar could not afford a lawyer) came to Russia to talk to Jahar’s parents before the trial. Indeed they visited several times. On at least one of those occasions, Maret was present in the parents’ home, and spoke to defender Judy Clarke.
According to Maret’s affidavit, Clarke would not listen to her. For example, she refused to look at a video of Tamerlan’s arrest by the FBI that Maret was eager to show her. (Note: I have made a Youtube video about that video. Google for “Maxwell, Podstava.”)
An even more stunning fact – as stated in the affidavit – is that a social worker named Charlene accompanied the defense team and said to the family that the defense knows Jahar is innocent but is under pressure from high levels of government “to not resist conviction.”
Dear Reader, if you have not previously been aware of this, I hope you are swooning into a faint. This is an absolute hit on everything we stand for. It mocks the whole concept of the rights of the accused that was developed centuries ago in England. Here we have US government employees saying that an innocent person should plead guilty.
Jahar must have some moxie because he never did plead guilty. The public thinks he did, since Judy Clarke got up there and said “It was him.” He never admitted being the Marathon bomber.
Note: After he was convicted, Jahar did make an apology to the victims, in hope of getting less than a death sentence. (So he lied, but there is no way to punish him for that lie.)
In any case, thanks to help from Minnesota attorney Jack Remington Graham, Maret Tsarnaeva was able to get her affidavit filed in the US District Court in Massachusetts. So I know Judge O’Toole must have seen it.
Was it his duty to react? Of course it was! He has just been told that a case before him has been massively contaminated. Yet he did nothing.
Only a few people have written about this on the Internet. But don’t be swayed by that apparent non-popularity of the topic. Naturally the mainstream media isn’t going to broadcast what happened at the Jahar family home in Russia as they are major participants in the Marathon false flag.
Recapping the Drama of the Brothers Tsarnaev
Let us be clear on the dates involved. The bombing of the Marathon took place on Monday, April 15, 2013.
(Incidentally, that day is a public holiday known as Evacuation Day — not what you think. It is the day the British got the hell out of the area during the American Revolution. In fact King George III was the proper monarch there and I don’t think his troops should have left. I am a dyed-in-the-wool conservative. But I guess it worked out well in the long run.)
That evening, and all day Tuesday and Wednesday, the FBI pretended it was looking for the bomber. On Thursday around dinnertime – I suppose this was timed for the evening news – certain “authorities” announced that the bomber had been nominated, and so the chase was on.
The brothers Tsarnaev had been relaxed all week but now, at 10pm or so on Thursday April 19, 2013, they went berserk and tried to escape from Beantown. It is said that they felt the need of obtaining a gun, forcibly – from a cop! That wouldn’t be everyone’s way of planning a good strategy, but OK, say it happened.
Quickly they buzzed over to MIT in their own car, and murdered a policeman, Sean Collier. Then – feeling the desire for a second car (maybe in case of a flat tire?) — they carjacked Dun Meng, a Chinese student.
With the idea of a New York trip looming (so they could do more of the pressure-cooker bombings, in Times Square) they needed money. Hence they stole $800 from Meng’s account at an ATM. (By the way, the ATM video shows a Jahar look-alike with a non-Jahar mouth. Fascinating.)
In reality, as shown on Aunt Maret’s video (I don’t know who filmed the video – possibly a “good cop”?), there was an incident at 1.04am in Watertown. Two men, one of them being Tamerlan (born October 1986, hence age 26) and a friend – not Jahar — were told by the cops to lie down on the sidewalk.
Tamerlan cries out “Podstava” — Russian for “It’s a set-up.” Apparently he had been working for the FBI for years – yes, you heard me — and was maybe playing some role in the Marathon affair. But at this point he realized that the government had trapped him.
Note: “Podstava” could be translated “Dammit it, I’m their patsy.”
Two Arrests, the Trial, and the Filing of an Appeal
From that moment, Tamerlan was in FBI custody. He was never present at the much-reported Laurel Street scene, shooting at cops, throwing explosives, etc. That is all false.
As for Jahar, I have no idea how he got to the boat, or even if he did get to the boat. The boat-note, praising Allah, is so very Quantico, you have to wonder if the whole boat scene was staged.
To continue the chronology, Tamerlan was reported by media to have died in hospital at 1.30 am on April 19th. Please see my pertinent article “Picking the Best Liar Regarding Tamerlan’s Death.”
The younger lad had got away and was found only when a resident of Watertown (allegedly) saw blood near his dry-docked boat, and the police helicopter then located Jahar in the boat (allegedly) by thermal imagery.
Media also told us, and I don’t know whether to believe it, that Jahar, age 19, came to Beth Israel Deaconess Hospital with many wounds (who wounded him?) and was interviewed by law enforcement despite his critical condition.
Then Jahar was taken perhaps to Fort Devens, and to prison where he remained until a hearing in July 2013. He was then not seen again until his trial opened in March 2015. Jury selection occupied almost a month, and after a 30-day trial, Jahar (Dzhokhar) was convicted on April 17, 2015.
He asked for a retrial on the basis of public prejudice. I personally would not have granted it on that basis; jurors should know not to obey the media, and to do their scared duty. However there is now a new basis for retrial, namely the aforementioned fact that Judge O’Toole met with jurors.
Please stay tuned for Part 3: Disbarment and Arrest, and the subsequent look at grounds for a re-trial.
Happily, remember that the law is not an ass. In fact the law is a magnificent work of art.
— Mary W Maxwell is the author of Human Evolution (Columbia University Press, 1984). She invites participation in the discussion of the Marathon bombing case. This will have to be a field for laypersons if we have run out of helpers in the professions.