Abu Ghraib – this is how we end up as a lawless culture.
by Mary W Maxwell
Using Tsarnaev’s Case As Basis for Real Indictments
I am 99% satisfied that Jahar Tsarnaev had nothing to do with bombing the Marathon, killing MIT Officer Sean Collier, carjacking Danny’s car, stealing Danny’s money, shooting at cops, throwing IEDs at anyone, running over his brother, going into a house in Watertown for a pee, or making any confession to interrogators at the hospital.
That being so, we should look for the actual perpetrators. I’ll sketch six crime scenes and ask who may be indicted.
Crime Scene 1: The Marathon finish line on April 15, ’13.
Some persons detonated a bomb that killed three: Martin Richard, age 8, Krystie Campbell, age 29, and Lu Lingzi, age 23, and injured 264 people, and damaged property.
Crime Scene 2: The MIT campus on April 18th around 10.20 pm. Officer Sean Collier was shot in his cruise car.
Crime Scene 3: The custody of FBI (wherever that happened to be located). After he was captured, unhurt, on Mt Auburn St Tamerlan Tsarnaev died.
“Leaked” mortuary photo. Tamerlan Tsarneav, RIP
[This picture, too, may have been photo-shopped.]
Crime Scene 4: The yard of David Henneberry’s house in Watertown, which contained his boat. Some combin-ation of local and state police, FBI, and perhaps military, shot 228 bullets at the boat on which they had ascertained that a warm body lay. When Jahar emerged from the boat someone allegedly attacked him with a knife.
Someone should be charged with the crimes of the shooting and the knifing. Both are attempted murder. There are laws against use of excessive force by authorities. To bring a criminal case would help the public find out if a shoot-to-kill policy exists. (And if it does, how to challenge that policy as unconstitutional.)
The 228 bullets may be said to have been necessary for the public welfare. This is contradicted by the fact that police say they suspected Jahar of carrying a bomb. Had police bullets hit the bomb an explosion may have harmed many people. In any case the knifing was unrelated to helping the public as Jahar was by then in captivity.
Crime Scene 5: The offices of media or others, including psychological operations planners who created the false story that has been used from the day of the event till now
Crime Scene 6: The Moakley Courthouse or other places where persons knowingly arranged to have an innocent person convicted of the Marathon bombing (and on whose account that man, Jahar, is to be executed).
Note: One can use the name John Doe in legal argument when one does not know the identity of the perpetrator or when it needs to be kept secret for the time being.
Massachusetts General Law, MGL
The MGL is divided into five parts. Part IV, ranging from Chapter 263 to 280, is about crime, punishment, and criminal procedure. You can easily look up any crime under Massachusetts law and you will see the definition and the applicable fine and/or term of imprisonment.
I shall now list some criminals and cite the legal penalties. What kind of charges can be brought against a bomber of the Marathon, and what punishment can a jury impose? It is easy to answer that by looking at two documents from Jahar Tsarnaev’s case: the grand jury indictment and the jury’s verdict. It was found that Jahar murdered Krystie Campbell by bombing. And murdered Collier by shooting.
The MGL stipulates the punishment for murder as life imprisonment; Massachusetts has no death penalty.
As for the alleged 264 other persons who were hurt by schrapnel on Boylston St, the person setting the bombs can be charged with grievous bodily harm. As for property damage, MGL Chapter 266, S 126A sets the penalty of 2 years imprisonment, and loss of driver’s license for 1 year.
(Note: Judge O’Toole also ordered Jahar to pay $101 million restitution. That’s under federal forfeiture law.)
Regarding the killing of Tamerlan, this would be found to be a murder, unless information were brought forth to show accidental death. (Note: It’s possible that the story of Tamerlan being run-over accidentally was proposed so that no court would have to discuss this awkward matter.)
It is worth looking at the murder of Ibraghim Todashev, by the FBI, to see how that event was reported to show the killer’s actions as having been done in self-defense. It happened in Florida. That state could have, and should have, charged the FBI man with the crime of murder and let him tell his story. Self-defense is a defense in court.
Instead the FBI was allowed to conduct its own invest-igation and “cleared the man.” Recall the maxim “Nemo judex in causa sua debet esse” — no judge can be the judge in his own case. Maxims are not enforceable as such. But as no case was brought, no one even got to bring up the Nemo point.
Out-of-State (Possible) Crime Scene: Virginia
Two special agents of the DoJ, Christopher Lorek and Stephen Shaw, worked in “hostage rescue”. It is rumored that they were killed because they saw Jahar’s throat being cut at the boat side. Moti Nissani mentions this in Exhibit E. Pretty serious stuff: it consisted of dropping the two men off a helicopter into the sea. “They died on impact.”
Note that we don’t know who ordered that murder, if it was a murder, so the person to charge would be the boss of the DoJ at that time (a month after the Marathon), namely Eric Holder. Possibly the state of Virginia could bring a case against a John Doe who organized the training episode in which Lorek and Shaw died.
Here again we see an issue of federalism and also a problem of the balance of powers within a state or at the federal level. The performers of much violence – some justified some not — is done by government. How do you get an indictment against government? A remark on the government website of Massachusetts says:
The Attorney General’s Civil Rights Division enforces and safeguards Constitutional and statutory civil rights and liberties on behalf of Massachusetts residents and visitors and “may bring enforcement action.”
I mentioned in Chapter 28 that the family of Tamerlan can bring a federal lawsuit for police brutality under the Civil Rights law. In 1966 Congress passed civil rights laws that cover instances of racial or other discrimination and also protect everyone in the US against brutality committed “under color of law.” See 42 USC 242.
Note that the above quote from Maura Healey’s office says visitors are protected, too. I assume a case can be brought by the elderly aunts of Jahar who were greeted at the airport by FBI and given the ankle bracelets for no apparent reason. They were visitors, not suspects. And the Attorney General herself can “bring enforcement action.”
Now Back to Crimes Scenes 5 (Media) and 6 (Court)
Scene 5 harbors the persons who spread the false story. In my discussion of The Boston Globe, in Chapter 18, it was noted that lying is not a crime, but if Globe personnel helped plan the terror event they are accomplices to murder. (Punishment: prison for life.)
And who penned Jahar’s confession on the boat wall? Someone did it. Yet he/she can’t be charged with perjury.
I personally accuse Jeff Bauman of having only pretended that his leg amputation postdates the Marathon. (It pre-dated it, as he is clearly seen lying on the ground holding onto a large thigh covering, into which is built a bloody femur and no fibula). Note: I can be sued for accusing a person of a crime –but he did not commit a crime by “play-acting.”
Possibly he committed the crime of fraud in connection with his “fund.” I see there was a prosecution of a girl who falsely claimed she was injured at Marathon and tried to get money. I bet her case was fake intended to show that someone somewhere is guarding the truth, and that the legitimate fund-collectors are not to be criticized.
Scene 6, My Accusations
Now we turn to Crime Scene 6. This book has been focusing on the court. I had recently researched two other cases — the Port Arthur massacre and the Sydney siege – so was acutely aware of how the bad behavior of courts is a giveaway as to the guilt of government.
Maybe the murders in Crime Scenes 1 to 4 above are more terrible than the crimes performed in court. But my focus is on the way a lack of justice is killing us all. Please see the list of “crimes against justice” written by Sir William Blackstone’s in 1769. Wow. It is Exhibit L below.
Blackstone notes that a conspiracy to falsely accuse an innocent man used to carry an odd punishment. Namely, the aggrieved party (say, Jahar) would be granted a “villainous judgment.” That meant he could go to the property of his harmers and have “their lands wasted, their houses razed, and their trees rooted up.”
As far as the crimes of Scene 6 (Court) are concerned, I personally accuse Danny of perjury. He changed his story so many times that it can’t be true. I must likewise accuse anyone who suborned his perjury. I take that to be the prosecutor, Carmen Ortiz.
I accuse US Attorney General Loretta Lynch of arranging for potential defense witnesses, such as Silva and Dias, to be imprisoned so the public could not communicate with them as to Jahar’s innocence. Intimidating a witness is of course a crime. But Lynch committed further crimes of obstruction of justice by setting Silva up for drug crimes.
I accuse Lynch also of imposing SAM’s on Jahar while in Supermax Prison. It is clear that her goal is to render him incommunicado. Not only does that offend his rights but is itself the crime of cover-up, is it not?
I accuse the first-name-only visitors to Russia (can you imagine), Charlene, Olga, Jane, who had the unmitigated cheek to tell the Tsarnaev family that they should go along with the conviction despite innocence. And Alicia.
Are those four ladies quite young? Do they think the rule is for them to obey the boss? Wrong. In law you don’t get off the hook because you obeyed a superior. It is very pathetic if they think they “did the right thing.” Ignorance of the law is no excuse, so they may end up in prison.
Recall that Uncle Dzhamaly met Alicia from the defense.
“I asked Alicia to explain why the defense was not using in the court proceedings the commonly known facts of the non-involvement of the brothers. …I [reminded her of] the necessity to involve all potential witnesses, whom under various pretexts the FBI had isolated, so that they are not allowed to testify in favor of the defendant.”
Dzhamaly told Alicia he had documents proving Jahar’s innocence and would bring them to court himself. She asked, “How do you intend to bring them into the USA?”
“At that time, US visas were supposedly being arranged. Alicia on the previous visit in February 2015 had collected from us the information, passport details and photos of me and my sister, Roza Tsarnaeva. Later, Alicia repeatedly consulted with us, saying “you will be able to travel.” After my conversation with Alicia held on April 14, 2015 in Moscow, the Tsarnaevs were refused entry visas.”
General Law of Massachusetts, Chapter 268 section 13 E:
(b) Whoever alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, … shall be punished, by a fine of not more than $10,000, or by imprisonment for not more than 5 years…
See? The law contains all that is needed to sort things out.