Home Boston Prosecutorial Misconduct in the Boston Marathon Tsarnaev Trial

Prosecutorial Misconduct in the Boston Marathon Tsarnaev Trial

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 ortiz and tsnaraevCarmen Ortiz and Mrs Tsarnaev

 

by Cheryl Dean

This is an Open Letter to Ms Carmen Ortiz, US Attorney in charge of prosecuting Dzhokhar Tsarnaev, accused of being the Boston Marathon bomber, at the trial in 2015.

Ms Ortiz:

I call to your attention the following well-recognized and sanctioned types of prosecutorial misconduct:

  1. Charging a suspect with more offenses than is warranted,
  2. Withholding or delaying the release of exculpatory evidence,
  3. Deliberately mishandling, mistreating, or destroying evidence,
  4. Allowing witnesses they know or should know are not truthful to testify,
  5. Pressuring defense witnesses not to testify
  6. Relying on fraudulent forensic experts,
  7. During plea negotiations, overstating the strength of the evidence.

It is easy to see that you have engaged in every one of these. I’ll cite just one or two examples of each:

  1. Charging a suspect with more offenses than is warranted. Example:

The government obtained a 30-count indictment against Dzhokhar including the deaths of 4 people but charged him 18 times for those 4 deaths. Each of the deaths is alleged repeatedly in virtually identical counts. He was charged with 2 counts of detonating a bomb, 12 times.

  1. Withholding or delaying the release of exculpatory evidence. Example:

Where is the police dash cam video from Watertown, and where is the real video from MIT of the murder of Officer Collier?

  1. Deliberately mishandling, mistreating, or destroying evidence. Example:

Where is Dzhokhar’s very light grey backpack that was never shown or mentioned in court, and why was Collier’s cruiser destroyed before the defense ever saw it? 

  1. Allowing witnesses they know or should know are not truthful to testify. Example:

Witness Steven Silva, who had just agreed to a plea deal with the prosecution in exchange for his testimony against his best friend Dzhokhar. Also FBI agents who do not record or video-tape anything and rely on their own sloppy notes cannot be trusted as witnesses, especially when the FBI and the prosecution are “working together.”

  1. Pressuring defense witnesses not to testify. Example:

“Domestic defense mitigation investigation has been conducted amid a growing atmosphere of anxiety and agitation generated by highly-publicized arrests, indictments, prosecutions, deportations (and, in one instance, the FBI killing) of members of Dzhokhar and Tamerlan Tsarnaev’s peer groups. The investigation has been further hampered by aggressive FBI follow-up tracking and questioning of potential witnesses…. These difficult circumstances are compounded by a continuing pattern of aggressive FBI re-interviewing of potential witnesses.” (That quote is from Judy Clarke’s motion 617.)

  1. Relying on fraudulent forensic experts. Example:

Expert witness Matthew Levitt was not qualified to offer his “expertise” on the so-called radical and jihadi material on Dzhokhar’s computer.  (Allowing his testimony was a clear abuse of discretion by Judge O’Toole, and defense counsel tried their best to stop it, but to no avail.)

  1. During plea negotiations, overstating the strength of the evidence. Example:

Although plea negotiations were offered by the defendant, there was no plea negotiations accepted, because the prosecution wanted nothing less than the death penalty for Dzhokhar Tsarnaev.

Ms Ortiz, at your press conference celebrating Dzhokhar’s conviction, you said;

‘The bombings were not a religious crime even though the bombers claimed to represent Islam. It was a political crime committed by a pair of adults who adopted an ideology of hate. “

You said this, but the majority of the trial was about how they were radicalized, the religious material they read and listened to. It was all about their religion, never any mention of politics at the trial, only about Muslim ideology, nasheeds, prayers etc.

Ms Ortiz, allow me to hand you some advice of the kind that normal Christians think about:

God states “What you do to the least of mine, you do to me.” So He is not pleased with any of your team, to say the very least. He hears and sees all.

You people, given powerful positions in life, are there for a purpose, to make the world a better place, a fair and just place, yet you have done the exact opposite.  What a disturbing, disgusting, and dangerous legacy you will leave to your children and grandchildren.

I think this quote below from Center for Prosecutor Integrity. An Epidemic of Prosecutor Misconduct. Appendix B (2013) sounds like he must be talking about you;

“One prosecutor inquired of candidates for employment if previous experiences in the law had provided them with a chance to ‘taste blood.’ The prosecutor revealed he only intended to hire trial lawyers who had already ‘tasted blood’ and liked it.”

— Cheryl Dean lives in North America and is holding to account any and all of the persons that plan to put Dzhokhar to death.

 

17 COMMENTS

  1. And here is Carmen ‘glass-ceiling-breaker’ Ortiz, saying that “The whole world can look at our system of justice at play.” Oops.

    By the way, Cheryl Dean is not a pseudonym for “Mary Maxwell.” I have sent Open Letters to the governor, the state’s atty general and the judge, but it would never have occurred to me to “approach” the US Attorney. This letter is spot-on.

    • What about this one http://whowhatwhy.org/?s=boston

      “Their uncle, who helped them come to the US, was married to the daughter of an important CIA official. That Tamerlan Tsarnaev suddenly began acting radical right around the time he was trying to get a US passport. That the FBI visited with him, then seemingly closed its file after the most cursory of investigations. That, mysteriously, the US government seems to have looked the other way as Tamerlan Tsarnaev traveled between the US and Russia, even after the relevant agencies had been warned and put him on a watch list.”

      Gumshoe would appreciate anyone sending to their comments, this article by Cheryl Dean, telling them another source for media in regard to Tsarnaevs.

      • Dee, Elena Teyer (mother-in-law of the deceased Todashev), has collected 7,000 signatures re Jahar. Since i don’t ken social media I don’t know where the list is. She is sending it to UN Human Rights. Imagine 7,000 interested people!

  3. I almost choked to hear Ortiz say she is a role model, she’s a role model all right, for up and coming sociopaths and psychopaths who like to put innocent people to death, and break every kind of law to do it. She is like a vicious pitbull.

    • Me emociono com tudo o que escreve sobre Jahar . Suas palavras encontram eco em meu coração . Peço a Jesus que o ajude e confio que o milagre virá . Não somos muitos mas temos fé e muito amor .

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