Home Boston Appeals Decision from Boston Marathon Court: Not Bad, Could Be Worse

Appeals Decision from Boston Marathon Court: Not Bad, Could Be Worse

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A group of fiction writers in Catalonia reportedly sued for the Grade-B fiction of the Marathon story

by Mary W Maxwell, LLB

Jahar Tsarnaev (his tribe may now increase!)

Awoke one night from a deep dream of peace

And saw within the moonlight in his cell

An angel writing in a book of gold.

Exceeding peace had made Tsarnaev bold

And to the presence in the room he said

“What writest thou?” The vision raised its head,

“I write the names of those who have had

their Death Sentence overturned.”

“And is mine one?” asked Jahar.

“Yes ’tis so.”

“OMG,OMG, that’s awesome!  Then put me down as one who’s grateful to Judges of the First Circuit.”

Reuters:

Boston Marathon bomber Dzhokhar Tsarnaev wins death penalty appeal

By Nate Raymond

BOSTON, July 31 (Reuters) – A federal appeals court on Friday overturned Boston Marathon bomber Dzhokhar Tsarnaev’s death penalty sentence for helping carry out the 2013 attack, which killed three people and wounded more than 260 others.

Tsarnaev and his older brother set off a pair of homemade pressure-cooker bombs near the finish line of the world-renowned race, tearing through the packed crowd and causing many people to lose legs.

The 1st U.S. Circuit Court of Appeals in Boston upheld much of Tsarnaev’s conviction but ordered a lower-court judge to hold a new trial strictly over what sentence Tsarnaev should receive for the death penalty-eligible crimes he was convicted of.

A spokeswoman for U.S. Attorney Andrew Lelling said his office is reviewing the decision and will have more to say “in the coming days and weeks.” A lawyer for Tsarnaev did not immediately respond to a request for comment.

U.S. Circuit Judge O. Rogeriee Thompson, writing for the court, said that the trial judge “fell short” in conducting the jury selection process and ensuring it could winnow out partial jurors exposed to pretrial publicity surrounding the high-profile case.

Thompson said the pervasive news coverage of the bombings and their aftermath featured “bone-chilling” photos and videos of Tsarnaev and his brother carrying backpacks at the marathon and of those injured and killed near its finish line.

The trial judge allowed his jury to include jurors who had “already formed an opinion that Dzhokhar was guilty – and he did so in large part because they answered ‘yes’ to the question whether they could decide this high-profile case based on the evidence.”

A federal jury in 2015 found Tsarnaev guilty of all 30 counts he faced and later determined he deserved execution for a bomb he planted that killed 8-year-old Martin Richard and 23-year-old Chinese exchange student Lingzi Lu. Restaurant manager Krystle Campbell, 29, was also killed in the attack by a bomb placed by Tamerlan.

Tsarnaev’s lawyers argued the case should not have been tried in Boston, where potential jurors were exposed to heart-wrenching, wall-to-wall media coverage about the attacks and the victims, many of whom lost limbs.

–End of excerpt from Reuters article

Comment from Mary Maxwell:

I am relieved to hear of this decision. It is a partial victory. Still much more to be done to get Bostonians up off the couch to understand that the whole thing was a classic false flag.

If you see notice of today’s court decision in your local newspaper or online news, would you kindly add a comment such as: “The real story contains many secrets, as exposed by Mary W Maxwell, LLB, in her new book The Soul of Boston and the Marathon Bombing. (free download).”

Additionally, dear friends, if you would write a review of that Marathon book at Amazon that would help a lot.

Many people are paid to squelch me. In 2013, I wrote what has to be the most important book on the suppression of cancer cures.  The one-star review at Amazon says:

“Complete and utter drivel. If I could rate this poor excuse for a book with no stars, I would. This writer has no concept of real science or real evidence. She is an amateur, and an ignorant amateur at that, professing to opinions that are based on hopelessly out-of-date and obsolete data. She has no idea how to evaluate scientific research.

“From start to finish, the book is riddled with logical fallacies and misinterpretation of information. And to top it off, she has one of the most cloying, annoying, grating writing styles it has ever been my misfortunate to endure. Reading this book will only make you more ignorant, not less.”

That was “contributed” by J Phillps (No “Verified purchase”) whose only other Amazon reviews are for products.

Let me tell an interesting fact. If you see someone dump on a book that honors conspiracy, click on his name and see what else he has reviewed. I find that it’s usually products. Makes me wonder if Amazon, or someone else, pays people to push cosmetics or gadgets or whatever.

The said J Phillips has only ever given one book a review, mine (if you could call it a review), and he reviewed these products: a suitcase, a wallet, earbugs, a computer desk, an under-seat tote-bag, and a mousepad. Also this:

5.0 out of 5 stars Very pleased with these luggage tags Reviewed in the United States on July 29, 2018
Color: Red. Verified Purchase

“We recently used these on a multiple location, multiple flight 3-week trip. They were easy to use. They appear to be waterproof and sturdy. The bright color helped spot our suitcases on the baggage carousel. I’m glad we bought them and would buy them again.”

Profound.

The Work of Tom Fontaine

For today’s article, I needed to check the correct spelling of the name of the Chief Judge of Appeals. It’s Juan Torruella, born 1933 (Ooo, maybe “33” means something). That caused me to go to the old Gumshoe article “Buenos Dias, Your Honor.”

 

In those comments you will find mucho offerings from the work of Tom Fontane, a Vietnam-era vet. Many are from the police scans that Tom diligently recorded in real time in April 2013.

I did not come into the case till 2015 and have only concentrated on the court shenanigans.  Whenever court shenaniganizes, I automatically know there is much falsity lurking.

Shaun Atwood’s Prison Advocacy

I wish Shaun Attwood could find an informant in Supermax n Colorado, as we have never heard from Jahar. Is he alive?  Been doing time for 7 years.

I’ve recently read Shaun Atwood’s book (one of thirteen!) entitled Hard Time, about his misery in the Arizona jai. He is exceptionally attuned to the suffering of prisoners. It is a great book (“Verified purchase” – “and you may wish to consider this excellent battery-operated kettle”).

Even while incarcerated, Shaun snuck stuff out, back to England, so it could appear in a blog called Jon’s Jail Journal. Shaun’s advocacy will be more effective than any of his predecessors (Letter from Birmingham Jail was not about the jail per se), as he is a real felon (“verified”) and writes with fluency and is entertaining us daily with an agenda quite similar to Gumshoe’s.

Here, for example, he interviews Wilfred Wong. I was amazed to hear that Wong’s experience with Mums in UK court is straight out of the Dee McLachlan playbook. With one fascinating exception — Wong says that the UK Mums specify SRA (satanic ritual abuse).

VIDEO — Start the tape at 20 minutes: 

 

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14 COMMENTS

  1. Not to be negative or anything but I hope this ain’t no trick. I now recall Martina Correia (rest in peace) telling me that when her her bro, Troy Davis , was on Death Row he had more privileges than the lifers.

    For instance they could hug the family without benefit of plexiglass screen.

    On the other hand, Jahar has no visitors anyway thanks to Uncle “Sams.”

  2. I haven’t read the judgement, but I suspect the judges did a fiddle. They would have seen the ‘backpack evidence’ and know that Jahar is innocent. So, they keep him and the case alive without sticking their necks out too far.

    “ordered a lower-court judge to hold a new trial strictly over what sentence Tsarnaev should receive” – OK, and when the jury sees the evidence that he is innocent, I wonder what new sentence he will receive.

  3. Feel we are thrown a bone, but I’ll take it like lil’ bro.
    Funny story(don’t be worried), but been in a Supermax(Goulburn). Is completely(completely) seperated from the “yards'(the mob)..

    Lil’ bro, still sleeps with an appeal to the appeal ?

    • Not exactly. Today’s decision remands it downward. After Boston First Circuit ruled today, the only place “up” to go would be SCOTUS. But 4 of the 9 have to agree to take a case and I doubt there would be 4 or even 1.

      So, Simon were you in Supermax as a visitor, a cleaning lady, or just the Norse translator.

      • Supermax does not get visitor’s(a conference room “of course).
        I’m kinda “messy”.

        Norse walks into a Supermax

        (tell you one day, tease today)

  4. Beloved Gumshoers, I probably left you confused with today’s article. Let me clarify. After Jahar was found guilty in May 2015, he had the right of appeal. In a sane world, his “defense team” would have appealed, saying “He is innocent.” Instead they appealed only on the very chiffon grounds

    (like that word? I just made it up) that the venue was unsuitable. You could thus say that Jahar has never had an appeal about the whole nonsense. Right. No challenging Dun Meng about the carjacking, etc.

    And it took 5 years just to get to this chiffon ruling today..

    Hate to tell you how much rent I paid, to be near Boston in 2018, hoping I would be called on to speak as an amicus. I even had my hair done for it.

    OK, the Appeal day finally came, on December 13, 2019. We heard the “oral argument” (chiffon). I described it here at Gumshoe:

    https://gumshoenews.com/2019/12/13/we-have-some-planes-todays-oral-argument-in-tsarnaevs-appeal/

    Please check it out.

    Note: i am not unhappy. In this era of No Justice Nohow, there was some justice. He got his No Fry orders today. Beats frying, don’t it?

  5. This is wonderful news – for Jahar, and for justice. Cudos to you Mary for your part. You are truly a wonderful advocate for the voiceless. As far as the Amazon ‘review’ goes – take it as a compliment. Clearly some people are DESPERATE to steer others away from your research. That is a powerful indication that you are spot on. They must be quaking in their boots!

    • Well, then, I bid them quake. Thank you, Rachel. Yes he sure is voiceless. If there is something he wants to tell the world, he can’t do so.

      I actually have not found out if it is in Bill Barr’s gift to lift the SAMs (special administrative measures) designed for this very situation — to prevent leakage. As with Risdon.

      Two questions: Jahar, how did you get into the boat?
      Martin Bryant, who (cough) was the Rick guy (cough)?

  6. A huge peaceful protest in Berlin, maybe a mllion peeps, televised by RT.

    Could be a response to the fact that a city councilman laid bare that the govt is planning a lockdown for August 30, unrelated to covid development.

  7. Oopsies. Someone has just emailed me that I should not take time to support due process for a killer.

    That is my fault for producing this article as though written only for the “Club” of gumshoe where everyone is already familiar with the case. I apologize.

    So, just for the record: I am in favor of the death penalty as such.

    I would be in favor of it in a case like the Boston case, if the true killer were found. (And just watch me support the death penalty for the true killer when we eventually find him/her/them.)

    Jahar Tsarnaev is not that killer. He was chosen by the media and by government to be the apparent killer — he is a classic, and I mean classic, Manchurian candidate.

    Due process is a nice thing. For example it would be nice in this case if the defense lawyer and the judge had let the jurors know that Jahar, age 19, pleaded not guilty. Well, they didn’t, alas.

    Many people, including me, have put a lot of time into proving that Jahar did NOT bomb the 2013 Marathon. We successfully proved it but the court does not wish to “go there.”

    It is not as a lover of due process that I invest my time. It is as a lover of the city of Boston and as one who want to protect the lot of us. Bostonians’ foolishness in accepting the false story is having tragic consequences.

    Wake up, Bostonians. And hurry, as time is running out.

  8. For the record, I had better finish Leigh Hunt’s poem, Abou Ben Adhem, which was drilled into me before age 5. (Drill the stuff into them early and it will stick.)

    “What writest thou?”—The vision raised its head,
    And with a look made of all sweet accord,
    Answered, “The names of those who love the Lord.”
    “And is mine one?” said Abou.
    “Nay, not so,” replied the angel.
    Abou spoke more low,
    But cheerly still; and said, “I pray thee, then,
    Write me as one that loves his fellow men.”

    The angel wrote, and vanished. The next night
    It came again with a great wakening light,
    And showed the names whom love of God had blest,
    And lo! Ben Adhem’s name led all the rest.

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