Solving the Marathon Bomb Mystery, Part 10: When Is the Right Time To Split Their Brains Out?

by Mary W Maxwell, LLB

This is the final part of the 10-part series on Marathon stimulated by a certain trip to Canada.

I wonder if schoolkids in the US today learn anything about our anti-government heritage? Please read William Nelson’s wonderful 1975 book, The Americanization of the Common Law, which is specifically about Massachusetts. He quotes a clergyman in colonial days who was threatened by government. Said the proud clergyman:

“I do not fear it, I can have anofe to assist me in that afare; let them Come in to my field if they Dare, I will split theaire braines out.”

Atta boy, Americans! That’s the spirit!

Last week I visited Boston and can tell you that “most people” – 5 out the 6 that I randomly chose to speak to – do not accept the Marathon story.  In fact, one guy volunteered “The FBI story is the crappiest crap I ever heard.” As for the one out of six who did not make it a clean sweep for me, all she did was give me a cold stare and walk away. So how do I know if she even spics English?

Anyway I was mucho uplifted by the amount of rejection of the Gospel According to Carmen Ortiz, and from now on, I’m going to start spelling the name “Massachusetts” regular, OK?

Now look, Everybody, the current disease isn’t self-curing. Richard DesLauriers, Kevin Cullen, et al, are not going to “turn themselves in.” Not ever.  You have to turn them in. Oh, and Cheryl Dean has submitted a new name for your consideration; Col. Tim Alben. He was head of the state troopers “at the material time.”

I hadn’t realized that Massachusetts state police use military-rank titles. Just a quick quote about the Colonel when he first got the job (He and DesLauriers have now left for greener pastures.)

“Alben has mediated domestic disputes in rural areas, pursued countless speeders on interstate highways and busted cockfighting  [!!!] and illegal gaming rings in Hampden County. In 2004, he played a key role in organizing a massive security and logistics effort for the Democratic National Convention in Boston, and his rise continued to the top of the agency.  Alben, who will oversee more than 2,300 troopers, is the son of Albert, a member of the State Police from 1956 until 1981, retiring a year before his son joined the ranks.”

Makes you wonder what the Dad got up to. Although maybe killing prisoners in custody is not genetic. (Note: a Massachusetts state trooper was also in the Florida home of Todashev at the material time.)

The rest of this article is a rehash of Part 7 “So Many Sins” and Part 8 “What Can We Do Now?” – to emphasize legal elements regarding Marathon. Note to Aussies: As you proceed reading, you could think of applying of most of these legal hints to the Martin Bryant case.

By the way, Bryant and Tamerlan carjacked, respectively, a BMW and a Mercedes. Ever wonder if the same person wrote both scripts?

Rehash of Part 7

In Part 7, I attempted to show that not only is the case not solved – “Who bombed the Marathon?” — but a large part of the case has never been brought. We do need to indict the right persons for the bombing of the Marathon and the injuries it caused. But the identification of the guilty will emerge more easily after other crimes of the day have been spelled out.

Here are the seven “other crimes” I identified, and there may be many more:

1. conspiring to commit a crime,
2. murder,
3. violating a person’s rights by misusing “color of law,”
4. obstruction of justice,
5. treason,
6. misprision,
7. terrorism.

Whom do you think we should name for the murder of MIT cop Sean Collier? If he is actually deceased, then somebody did it. Moreover, a lot must have gone into the planning of that death. By the way, it has been reported, since the very day, that large numbers of cops were seen on the MIT campus during the afternoon of April 18. (Collier was shot at 10.20pm.) I wonder what that was all about.

There were also crimes committed in the process of pinning the blame falsely on Tamerlan and/or Jahar, as seen in the “show trial.” In this series I’m not including those obstruction-of-justice crimes. Cheryl Dean and Josée Lépine have contributed excellent analysis of the court case to Gumshoe since 2015. They  pinpoint prosecutorial misconduct all over the place.

But I’ll note that Jahar was convicted of carjacking. It was Count 19 of the verdict. Each and every juror said “Carjacking? Guilty.” If the brothers had nothing to do with the Marathon, the entire testimony by Dun Meng is exposed as perjury.

As to the “violation of a person’s rights under color of law,” who do you think should be indicted for murdering Tamerlan while in FBI custody?  Or for using excessive force – almost unbelievably excessive — against Jahar?   The FBI clams to have interrogated the very wounded Jahar, in between his various surgeries. They then they walked away “confident” that there were no other accomplices. Have you heard of anything so ridiculous?

The point of Part 7 was to call attention away from the alleged “Brothers Are Bombers” story, to the fact that normal justice must now lead to the indictment of many participants. I showed how the crimes of terrorism, treason, and even li’l ’ol misprision of terrorism (failure to dob) can be added to the rap sheet.

Part 8

What about Part 8? That part presented a list of what-can-you-do’s. But you have to actually do them!  Their mere existence as part of our legal heritage does not cause anything to happen in its own!

The items covered were:

RICO Act (Racketeer-influenced and Corrupt Organizations)

Citizen’s Arrest

Freedom of Information Act

Licensing Boards’ Disbarring of Lawyers

Truth and Reconciliation Committees

Pre-emptive Strike in Self-Defense

Hosti Humani Generis

Outlawry

Grand Juries

Let me re-organize them.

Eliminate Hosti humani generis law for now, as anything that’s done by “an enemy of all mankind” could just as well be blamed on him in simpler form, such as murdering, or the selling of slaves.

Two of the items on the list above are everyday fare for citizens. Namely: getting the dirt from government files by using the Freedom of Information provisions, and going to your state licensing board to complain about a bad lawyer. (Note: you can also go to police to complain about criminal acts of a lawyer. What’s keeping you?)

Three other of my items can be categorized as what people might have to do if the proper office-holders won’t do their duty: make a citizen’s arrest, perform a pre-emptive strike in self-defense, and declare a criminal an outlaw. Granted, those three things are almost never done and we would naturally be scared to do them.  But they are all provided for; they are legal. Such is the beauty of our law.

The RICO approach is available, too, but you can use it only if you suffered an economic loss related to the Marathon. A very small loss suffices to get you entry as a litigant, and once you are in court you can describe the crimes galore.

The Two Biggies of Part 8

The remaining items from the list of Part 8’s suggestions are no doubt the easiest to use. Use them and satisfaction will eventually come! I’m referring to grand juries and truth and reconciliation committees (Note: the word “committees” is better that “commissions” as the latter implies government sponsorship, although in fact some truth commissions are private),

Let’s see how these two would apply to the matter at hand, the “Marathon bomb mystery.”

TRC’s

I performed a mini –or maybe a mini-mini — truth commission on the street in Boston last week yesterday, when I went around asking people what they thought happened. (OK, maybe mini-sub-mini.) The point is, you and your friends can do all the collecting of public opinion you like.

One of the famous TRC’s, sponsored by the United Nations, was held in El Salvador. The truth they were trying to elicit was: who got killed by death squads and which persons participated in those death squads.  The TRC actually did come up with answers, even for deaths that occurred years ago. As it says in Shakespeare’s Merchant of Venice:

“Well, old man, I will tell you news of your son: give me your blessing: truth will come to light; murder cannot be hid long; a man’s son may, but at the length truth will out.”

If you are a thinker-out-of-the-box, you can come up with adventurous ways to handle a Marathon-bombing TRC. But can you promise the truth-tellers that they will be protected? No, not really, but they will judge your strength and if it looks good they will be likely to trust you.

It’s probably best if many people start up a TRC group, separately, not one big combined one. They will therefore not have to feel embarrassed about the smallness of their operation. Small is fabulous. Oh, and a lot of small TRC’s will also be set up by the CIA – come on, it’s their job. They need to confuse the matter and discredit you. So what? Ignore them.

Grand Juries

Regarding grand juries, I stated in Part 8 that the citizenry already has a perfectly valid right to notice crime and report it to their state grand jury. One should not attribute these powers exclusively to government. I found it helpful, when learning about the role of grand juries, to read that in olden days in Massachusetts the grand jurors even had responsibility for noticing sagging bridges!

Why does this not happen now?  Bill Windsor has studied the practice in many states. He notes that when individuals get called up for grand jury service they are wrongly told that the attorney general is the authority. They are bossed around.

He also notes that every citizen has the right to approach, at least in writing, the current foreman of the grand jury, to deliver information. If your state prevents this, he suggests you file for a restraining order against that practice. I agree.

Of all the items on Part 8’s list, I think this one, the grand jury has the most potential. That is not to diminish the role of the other items — all are important. But this one is unassailable; I have never heard anyone assail it.

I ask that any Massachusetts person reading this get started by researching the set-up of grand juries in your state. Trust me, trust me, it’s in the Constitution. The Bill of Rights Fifth Amendment says:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury….”

There is one more possible way for you to do what is needed. It is rather like setting up a Truth and Reconciliation Committee. You can set up a grand jury, in effect, but call it something else. In my 2011 book Prosecution for Treason, I suggested that you call it a “Clarendon Assize” after a famous historical sitting in 1166. (The word comes from French aseeir, from the Latin sedere, to sit.)  Behold “the Watertown Assize” of 2018, a historic turning point.

The “authorities” won’t be happy that you do this, but, as we say in Australia, stiff biccies. The First Amendment guarantees not only freedom of speech, but freedom to peaceably assemble and to make known your plaint to government. Goes something like this:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Anyway your home is your castle. Why not hold an assize in the parlor? Have a few friends over to the first meeting to get the feel of it, and for the second meeting, invite the local police. Tell them they are there only as spectators as it would be a conflict of interest for them to engage in what is really a pretend-grand-jury.

So why bother to do all this as pretense? Just to overcome the psychological barriers that go set up in the last century. Ask yourself who be – officially – the sovereign ruler of the United States. Play peek-a-boo in the mirror and you’ve got the answer!

Or at least you’ve got one-three hundred-and-twenty-millionth of it. And the other 319,999,999 peeps will eventually be grateful to you for bothering to save them.

Or at least write to the currently serving GJ foreman as described above.

Mary W Maxwell hopes some young, energetic types will contact her via mary@prosecutionfortreason.com.