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Buenos Dias, Your Honor 

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(L) Chief Judge Juan Torruella  (C) Cesar Baruja, MD   (R) Prof Jim Fetzer    

by Mary W Maxwell 

Something so strange has happened in my life this week that me poor old brain has no place to process it. Viz, the federal judge in Boston (not O’Toole but one of the three who will hear Jahar’s appeal in the Marathon case), has permitted me and two others to be amici.

That’s pronounced “Ah Mickey!”.  Emotionally at least, it gives me some sort of standing in this world. I have gone from being a housewife to being an amicus curiae, a friend of the court. Of course I was always a friend of the court under the table but now it’s on the table. Wow.

’Twas not I who cooked up the idea of intervening as an amicus. Years ago I asked to be an amicus in federal court Adelaide for Frederick Toben’s case and was rejected. This time it was Jack Graham of the Minnesota bar who arranged it. He wrote it up on behalf of myself, James Fetzer, PhD, and Cesar Baruja, MD. It refers to the possible execution of Jahar as “judicial murder.”  That phrase “judicial murder” comes from US Supreme Court in the 1932 case Alabama v Powell.

The nine defendants were known in Alabama as the Scottsboro boys.  Eight of them were convicted of raping two girls. There was a black-white aspect to the case, but even if all parties were white, the matter hung on a point of the right to counsel. The 8 were kept locked up with no chance to ask their families for advice much less to get an attorney.

Wrote Justice Sutherland:

“Let us suppose the extreme case of a prisoner charged with a capital offense who is deaf and dumb, illiterate and feeble minded, unable to employ counsel, with the whole power of the state arrayed against him, prosecuted by counsel for the state without assignment of counsel for his defense, tried, convicted and sentenced to death. Such a result, which, if carried into execution, would be little short of judicial murder.”

The FBI

So back to the Tsarnaev appeal. I do not say the Court will listen to us, or carry into effect our complaints. It is nevertheless remarkable that our motion was not dismissed. Let’s assume the judge knows of my writings which are not exactly unbiased. I am very biased against the FBI.

I am biased against the very existence of a Federal Bureau of Investigation.  Who needs it?  The fifty states each have police. Can the FBI “investigate” crime of an interstate nature?  I don’t even grant that — although I am no doubt in a minority there.

How could FBI’s behaviour be constitutional? The dear parchment gives only 18 powers to the Federal government, and shooting a semi-conscious unarmed boy on a boat is not one of them. Nor is destroying evidence (such as Sean Collier’s cruise car). Nor is telling the public not to look at their own videos of the Marathon type thing.  All right I’ll stop there, or we’ll be going on all night.

So the judge knows that at least this one amicus (I can’t speak for Fetzer or Baruja here) takes a strong position in favor of Jahar. I previously thought an amicus had to be neutral, dead neutral, poker-face, but that’s apparently incorrect.  Our submission to the court – which, I repeat, has been accepted – says “in support of Dzhokhar Tsarnaev.”

Here Come Da

Juan R Toruella graduated with a JD from Boston University in 1957. He was appointed to the federal bench in 1974, and became a chief judge in 1994. He retired in 2001 but apparently does relief work, THANK GOD. Maybe he’s a fiat-justitia-ruat-caelum kinda guy. Whom knows?

In early life (he’s now 84), Toruella competed at the Olympics four times in the sport of sailing. Well, it takes all kinds to make a world.  In 2009 he wrote the opinion in Noonan V Staples holding that although the libellous stuff was true it was published “with actual malice.” I like that. I like calling malice, malice.

This judge was born in Puerto Rico and has written a lot about law as it pertains to persons living in US territories that are not states. To give the flavour I will just quote a passage from Juan R Torruella’s paper entitled:

“The Insular Cases: The Establishment of a Regime of Political Apartheid”

“There were, however, other differences that further distinguished the Spanish-American War acquisitions from those of Alaska and Hawaii. In the case of the Spanish islands of Puerto Rico, the Philippines, and Guam, there were almost no United States citizens residing therein when the change in sovereignty took place, and sub silentio, but perhaps most importantly in the real-politics of the times, much if not most of the large native populations inhabiting these islands were non-white. Thus, for the first time in its history, the United States acquired sovereignty over noncontiguous lands separated by thousands of miles from the political and economic epicenter of the American polity, and inhabited by large numbers of subject peoples of different races, languages, cultures, religions, and legal systems than those of the then-dominant Anglo-Saxon society of the United States.”

As I have not yet had a chance to coordinate with Prof Jim Fetzer and Dr Cesar Baruja, I’ll say no more for today about what may come to pass at the Moakley in the Year 2018.

At least it can’t be worse than the status quo, right?

Ah, Mickey.

–Mary W Maxwell’s revised book on the Marathon will appear at GumshoeNews later this week and at fine cosmetic counters everywhere.

 

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36 COMMENTS

  1. When we were growing up we were taught that Hawaii had been “annexed.”

    You know, just annex the thing. Like, isn’t that normal? an annexation for Pete’s sake.

    No questions asked.
    .

  2. Mary, I thank you from the bottom of my heart. You are now involved in tangible action that could lead to saving Dzhokhar Tsarnaevs life and giving him the freedom he so deserves. Talk about taking real action, you surely have. I admire and commend you for trying so hard to make the world a better place by stopping such criminal injustice. You amaze me. May God bless you Mary.

  3. Thank you Mary, and good luck in this horrible travesty of justice. May be, if your attempt, along with Dr James Fetzer and Dr Cesar Baruja is a winning situation, the Australian judiciary may take more notice of our complaints. When I say our, I mean yours mine and the Australian public opinions and points of evidence to the recent crimes in Australia. Notably, the Port Arthur Massacre and the Sydney Siege.

    Perhaps all your good work is about to pay off. May fate look after you, at least until your day at court.

    • Just think, Mal, how many quiet Mals are out there, slogging away at the Port Arthur case. We didn’t know about your efforts for years.

      Cherri Bonney was able to get 3,000 signatures for “an inquest for Martin Bryant” and Elena Teyer collected 7,000 signatures for Jahar.

      I am told that Elena yelled out in court (in Russian, so it took the guards a few seconds to respond) “We love you Jahar. We know you are innocent. The world is watching.”

      So here’s for you, Mal, and for Andrew MacGregor and Terry Shulze. Have a good cry:
      .

  4. Dear Folks, Her Bossness is away today, she’s judging films at university, so Al Haig is in charge.

    We have no article to post, so here’s your chance if there’s something you’ve been dying to say. Word count 400-1800, no profanity, no libel (I mean within reason). Photos need to be JPG, whatever that is. Don’t send me no links as I don’t know how to embed them. Gee, we run a taught ship here.

    Take advantage!
    Journalism students, you could be the next Al Haig…

    Email mary.maxwell@alumni.adelaide.edu.au

  5. Some of my Research on Jahar’s case and Thank you for your diligence in the case Mary
    My Email ……thomaswfontaine@hotmail.com

    I am retired disabled 65 year and also a US Army Vet from 1972
    This case needs to be looked at as they are about to execute an innocent man
    Read here please Thank you
    DZHOKHAR TSARNAEV IS 100% INNOCENT
    Some info on the BMB that was suppressed

    Feds lied to the script writers on the BMB

    &
    Read The Story
    https://docs.google.com/presentation/d/15NyaekKdptWk_X5o7SuvCPZYy_ToSp1w6mWRYX1czng/edit#slide=id.g133ae7218c_2_7
    &
    About The Backpacks
    https://sites.google.com/site/thefactsofthebbostonbombing/black-ops-did-it/they-cut-the-2nd-backpack-out
    &
    Jeff Bauman and Nick Voght
    http://dzhokharisinnocent.weebly.com/
    &
    Trial Exhibits….Neither Tamerlan’s or Dzhokhar’s backpacks are listed in them
    https://www.justice.gov/usao-ma/tsarnaev-trial-exhibits
    &
    Collier shooting transcript was the 7-11 armed robber with a bucket hat
    http://allthingsforum1.blogspot.com/p/thread-for-officer-collier-shooting.html

    Read comments here The real bomber at the first blast site was not Tamerlan. It was the guy the feds cleared as “not a suspect” https://www.facebook.com/groups/533452193500756/permalink/709996682512972/

    • This video above that I compiled shows exactly who the culprits are and on an important note neither Jahar or Tamerlans pack were shown as evidence. Jahars white pack vanished after. the explosion and Tamerlans was destroyed on site by the Bomb squad right near where the original blast took place

  6. Mary I know you posted do not send links but I have no choice as the info on those links here are too much to post here. Maybe you could view them and take any info from them that might be helpful Thank you and Good luck in court. You entered ‘amicus curiae’ that even Jahars Aunt Meret and Paul Craig Roberts was denied …Bravo to you
    https://www.paulcraigroberts.org/2015/08/17/fbi-evidence-proves-innocence-accused-boston-marathon-bomber-dzhokhar-tsarnaev/

  7. Wow , Oxford Uni , sailing (the company one could meet, pm’s, royalty ).
    I can sense some handshakes for 12 and more .Hope the boy holds no malace, could get in the way of the truth

    • Point taken, Simon. As I said, my little old nog is not quite up to processing this new development. Truth – or, as Jana says below, transparency — parading its way into the American courtroom, where it is now almost wholly missing (see videos by Bill Windsor), is hard to imagine.

      I hope they do not Todashev the judge. You may recall, from the book by Lyndon Barsten and John Ray, that James Earl Ray pleaded guilty – under pressure – to the assassination of MLK, but days letter wrote to the judge asking to change it. Whereupon the judge was found dead at his desk.

      I also hope they don’t Todashev me. This is the world we live in. I think this situation is the stupidest thing we humanoids ever did, like pah-theh-tic, and I believe we can change it. However, the couch potatoes don’t want change.

      Duh.

  8. You go girl! I’m elated that some form (any form) of transparency and sanity may see the light of day in what I consider the darkest cabal-ist moment in america’s lies, deceptions and atrocities history. You’re the perfect one to be the beacon of light for us all. I salute you with all that is good, sane and just in this otherwise cr@zy world. Jahar is blessed to have your presence truly representing We the People and the revelation of his innocence.

  9. Dear Tom, regarding MIT, I yanked this sentence out of your document in order that Josee Lepine – or any interested reader — will see it here:

    “10:49 pm    The MIT officers are going to go back and check the surveillance cameras. MIT has two very good cameras and they are going to get a quick look at them and give us a good description.”

    “Very good cameras”! Well well well, Cheryl Dean, thar ya go!

    “10:49 pm  Cambridge [inaudible] here. They just, ah, are advising they have located the officer’s weapon. Repeat: located officer’s weapon.” (Josee, these are from police scanner transcripts.)

    Also, Tom, I see that you are drawing a connection between the death of Collier and the “Hispanic male with hat who robbed the 7-11 store 45 minutes earlier.”

    I have no background on the 7-11 matter and pardon me, but I don’t plan to sleuth it – or probably any other of these valuable pieces — as it is enough for me to know there was never any evidence that the Tsarnaevs killed Collier. But I’d certainly want Nathan Harman cross-examined, including the question under oath “Were you paid, or recruited, to give this testimony?” Heather Frizzell’s research practically destroys his description of the bike ride.

    “10:51 pm   Last seen… Suspect is a Hispanic male, last seen wearing a cowboy hat. This happened at Vassar Street in Cambridge. Suspect fled in unknown direction. Again, that was in the last 10 minutes.”

    And I see, Tom, that at 10.28pm the scanner says “a resident” called to report noises – such as maybe the banging of trash cans. I would want him cross-examined also. “Sir, were you paid or recruited to make this phone call? Have you ever made similar 911 calls?”

    Josee Lepine said, in a Gumshoe article that the timing of that phone call, was crucial to the determination of whether Nathan Harman’s testimony was valid. Neither Nathan nor Sgt Henniger heard noises at the material time.

    I quote her January 6, 2016 article “Who Killed Collier?” (Lepine deals from trial transcripts):

    “Sgt Henniger testified that at approximately 10:20 that evening of April 18, 2013 he was returning back to the station in his car. He was coming down from Main Street, took a right on Vassar, and he observed Officer Collier’s cruiser parked there next to the Koch building. He did not notice anything unusual. One would think that being so close to the vicinity where the loud noises were being reported, he would have heard them. He has been an MIT police officer for 40 years. And surely he knows what a gunshot sounds like.
    “There is an odd aside here. Earlier in the day of April 18, 2013, numerous FBI agents were seen on the campus and in Cambridge. Or so it was said to the media by none other than Henniger. In a later article we will discuss this.”

    What ho! We never did produce that promised article. So I implore journalism students, please come to the party. Gumshoe is thinly staffed. Thanking you in advance….

    • Mary…Of course witnesses were paid The feds pay and coerce to win many of their cases
      The bike video imho was the re enactment video the feds made because the original video didn’t show 2 people just one

    • we all know there were feds all over MIT that day, which they initially denied, but later admitted to being there but said it was UNRELATED to the marathon suspects. What a joke LOLOLOLOL

  10. Further to Tom: Your research is fabulous. I have just grabbed my book manuscript back from the printer to update re Collier.

    To other readers, please note: i did not mean to discourage links here in the comments. I meant for those sending articles to me, and anyway that is now irrelevant as HB is back in town.

    Tom, I heard a rumor that there was never any such person as Collier, but you have put paid to that with the police scans. But I still know nothing about the alleged incident earlier in the day at MIT. Do you?

  11. Mary Thank you for reviewing the info… y/w “about the alleged incident earlier in the day at MIT”
    What incident was that. Also on the Police transcript I believe Feds were in on that seeing that someone said the bucket hat Hispanic was not involved…HOW would they know that??

    10:42 pm Right, just before this call, there was an armed robbery at 711 and Central. White male, about 200 lbs., 5’11”, cowboy hat, dark jacket, silver handgun shown.
    (10:42 pm That is not the suspect in this, as far as we can tell.)
    HOW WOULD ANYONE KNOW THAT?

    10:43 pm MIT officer has been shot, suspect supposedly has his weapon. Occurred on Vassar and Main – unknown direction of flight or anything.
    I/w….And all officers at the scene would know if Colliers gun was present They tried to say another officer took it to secure it And didn’t tell anyone?? That’s a no no right there You don’t touch anything until forensics is finished taking pictures and documenting everything then the weapon can be secured.
    Another no no was that they destroyed the cruiser before a trial was even scheduled . It’s against the law to destroy any evidence in an ongoing investigation
    https://a.disquscdn.com/uploads/mediaembed/images/1326/9021/original.jpg

    Why would the police be allowed to, again, destroy evidence, by taking Dzhokhar Tsarnaev’s 1999 Honda Civic back to the MIT crime scene to do reenactments?
    http://investigations.nbcnews.com/_news/2013/05/01/17991679-green-honda-could-prove-crucial-if-tsarnaev-charged-in-mit-officers-killing

    There are too many anomalies in this case to be pure coincidence, especially when the FBI clearly stated both bombs were in BLACK NYLON DUFFEL BAGS Jahar had a white canvas bag not black nylon. Tamerlan had a grey one which does not match the bomb remnants they showed in trial

      • Thank you Mary The new lawyers are both Federal public defenders so I don’t see them accusing the feds of setting up the Tsranaev brothers. They will put on a show just as the previous Judy Clarke team did “‘It was Him’: Tsarnaev’s Lawyer Says He Bombed the Boston Marathon” is not too much of as defense Right?

        also she is good at making evidence disappear

  12. Mary Just saw these 2 pages
    Federal Appeals Court Agrees to Accept Evidence for Dzhokhar Tsarnaev’s Innocence
    November 13, 2017 | Categories: Articles & Columns | Tags: | Print This Article Print This Article
    Federal Appeals Court Agrees to Accept Evidence for Dzhokhar Tsarnaev’s Innocence

    Paul Craig Roberts
    Institute for Political Economy

    On October 26 2017 attorney John Remington Graham explained on this website why he suspects that the trial of Dzhokhar Tsarnaev, the surviving brother of the alleged Boston Marathon bombing, is a case of judicial murder.
    https://www.paulcraigroberts.org/2017/11/13/federal-appeals-court-agrees-hear-case-dzhokhar-tsarnaevs-innocence/
    AND
    A Case of Judicial Murder?
    As I wrap up my career of fifty years as a member of the bar, including service as a public defender in state and federal courts, co-founder of an accredited law school, and chief public prosecutor in Minnesota state courts, I am apprehensive that my country might be entering into an era of judicial murder.
    https://www.paulcraigroberts.org/2017/10/26/case-judicial-murder/

  13. Mary My apologies for posting so much I didn’t mean to derail your postings. It’s just that there is so much and there are very few people as yourself who are in the center stage of things. I’ll slack off now seeing I have said my say for Jahar. Mary you are aware that James Fetzer claims the injured are fake That is a blatant misconception They did not fake 17 amputees for the event Every one of the severely injured were real not fake Just to let people know
    Some info here Last time
    https://docs.google.com/presentation/d/1nBuatXiD-DfC0L1u_6bUD-ChULjAA_HjxtAubIMDOWw/edit#slide=id.g125008f459_1_31

  14. i went to Beantown today again. Did not realize the word “finish line” is painted hugely on the tarmac right in front of the main (side) door to the library.

    Then I went to Lindt Chocolates on Boylston St “to do some Christmas shopping.” As I was checking out, the clerk gave me a LINDT CLUB MEMBERSHIP card.

    Think about it.

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