With the very real possibility of Dzhokhar Tsarnaev pleading guilty by means of a deal to avoid the death penalty, we may never see this case go to trial.  The May 30th probable cause hearing may be our only opportunity to get a small glimpse at the evidence against Dzhokhar before his fate is decided.  We may never hear his defense.
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Photograph: BostonDailyPhotoBlog
While it is understandable, this early in the case, with much of the evidence not being released to public, many questions cannot be answered at this time.  Given the aforementioned and likely scenario, will this evidence be released in the absence of a trial?  Will questions ever be answered?  

It is believed that Dzhokhar’s and Tamerlan’s cell phone data, a year prior to and immediately after the bombings, was seized by the authorities in addition to Dzhokhar’s laptop.  What does this data reveal and how was it relevant to Dzhokhar’s arrest?
Some marathon attendees report having either voluntarily giving their cameras to investigators or having them seized by investigators.  Some have gone on to report that all photos and videos were deleted from their cameras.  Sources have indicated that investigators are in possession of the “smoking gun” video showing Dzhokhar placing THE backpack on the ground at the site of the explosion.  Will these images be revealed to public regardless if the case proceeds to trial?  

Photos from the bombing, show what many to believe to be, Craft International employees.  According to the their website (http://www.thecraft.com/), they provide police, military, civilian, and corporate training including:  combative training, first responder medic training, counter terrorism training, and more.  What were their responsibilities that day?  If not Craft employees, who were they and were they ever considered suspects?

At this time, Dzhokhar has not been charged with the shooting death of the MIT police officer although it is reported that charges could still be considered even with recent testimony that records details differently.

There has been a great deal of debate surrounding the backpack.  Many have believed that the backpacks that Dzhokhar and Tamerlan were seen wearing do not match the backpack containing the bomb.  With that in mind, what forensic evidence should we expect to see that physically places the bombs in the hands of Dzhokhar and Tamerlan?

It is likely, at some point, a government report on the Boston bombing and subsequent incidents following the bombing, will be published.  This is an opportunity for the government to present their case and their response in regards to prevention.  Reviewing other incidents with national security implications, this is common.  To that end, in the absence of a trial, will Dzhokhar and/or his defense team be given the opportunity to present their case to the public?

Sadly and inevitably another tragedy will grip the world;  our media, social networks, and water cooler discussions will shift focus and the memory of Dzhokhar Tsarnaev’s case will quickly fade with so many unanswered questions hanging in the balance.  Will you continue to demand answers?  Are you just in this for Jahar’s freedom or are you in it for something far bigger than that?
kathy
5/19/2013 03:10:51 am

What Dzhokhar T. would plead guilty to? There has been no evidence presented to the public other than scripted and conflicting interviews, photo shopped images, and contrived events.

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Anon2
5/19/2013 08:29:56 am

I'm i for something far bigger than this.

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Miranda Christine
5/19/2013 09:01:17 am

The Dzhokhar Tsarnaev case is a wake up call to everyone in America. If he is innocent, it opens our eyes to the injustice of the entire situation. This mans life will obviously never be the same. What if he's guilty? How does that open our eyes? Well, as disrespectful as it sounds, and as horrible as it seems, Dzhokhar Tsarnaev is a hero. Open your mind a little, and realize this fact. Dzhokhar and Tamerlan did not do anything that the U.S hasn't done itself to other people. The only difference? The U.S military wears a uniform, and they kill more people. INNOCENT people. Although, if they are guilty, they shouldn't have done it, it was what had to be done to wake the people up and make them stop opressing and killing others. Its a shame that it took something this big to open Americas eyes. I'm not supporting the boston bombings, I'm supporting justice. I'm a pacifist, I work in peace organizations, etc. I wish this hadn't happened, but it did and there's nothing we can do but learn from it. Dzhokhar and Tamerlan Tsarnaev: innocent until proven guilty.

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Julie Willard
5/19/2013 02:09:14 pm

I disagree. IF Dzhokhar and Tamerlan are guilty, they definitely are not hero's.... they are murderers. Whatever their cause would have been, regardless if America's government and Military have killed innocent people or not, IF they are guilty it makes them as ignorant as every other murderer. Not all Americans condone the wars our military are in, many of us want the senseless murders to stop, not all of ussupported Clinton or Bush and not all of us support Obama. Killing our own innocent will not stop America from killing our own innocent or innocent in other countries. If I find out he truly is guilty, that he intentionally and maliciously set out to cause harm/death to innocent people, my support will end. I do not and will not support anyone or anything that consciously, intentionally and maliciously set out to harm or kill the innocent.

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Miranda Christine
5/22/2013 04:12:52 pm

Of course, I do agree with alot of what you said. At the same time, we must also take into consideration what a hero actually is. Now, if he is guilty, he is responsible for killing 3 people and injuring over 200. He is also responsible to opening many people's eyes to the injustices that our government is causing. Lets think about literature. There is a guideline that all heroes follow. these are called Archetypal Traits. I have noticed that Dzhokhar Tsarnaev falls into every trait on that list. If he is guilty, im not saying i would be happy he did it. Im just saying that what happened, happened. We cannot change the past, we can only learn from it. I would not continue to support him, etc., but yes, i DID learn something valuable from it. Ya feel me? Im not trying to come off as disrespectful, extreme or anything. I'm just saying that it is a justified statement. I respect you alot for replying to my comment, Julie :)

anon
5/19/2013 11:23:37 am

What do you mean we may never hear his defense? Why so sombre and fatalistic ?

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Marie
5/19/2013 01:30:50 pm

Right? Honestly, this post made me feel exceptionally depressed and hopeless, a first for me during this movement. While I understand many things don't look so good, I still have hope but this post just seemed rather negative...

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barkingatlions
5/21/2013 08:09:11 pm

There are really only two ways for this case to proceed: he pleads guilty or not guilty. While most of us hope that it will be the latter, we have to consider that he may plead guilty. I think this editorial explores that option and is preparing us to demand transparency and ask the question "Will we hear his side of the story through other means."

Lynn Marie
5/19/2013 11:27:39 am

Im in it for Jahars freedom and any other future Jahar. Anyone of us or someone we know can be the next Jahar. I'm not giving up on Jahar or the next Jahar. Even if he pleads guilty to escape death penalty that means that we can fight for his freedom as well as fighting for our own. Freedoms have been taken and if Jahar is proven innocent we still need to fight the tyranny and in justice that has happened. Cause it will happen again, God Bles!

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Iris
5/19/2013 11:56:55 am

We can all sit and watch for the next "Jahar", if we don't expose this now. Except it probably won't be as public, if we find out at all, nor will they again so stupid to pick somebody so "normal" and relateable next time, they will learned from this. This is probably our best chance to expose what the practice. Don't give you. This is more important than we realize.

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abc
5/19/2013 02:33:39 pm

Conrad's career highlights include high-profile suspects whose respective sentences were reduced from a possible death sentence to life imprisonment. I imagine she achieved this by fighting her case in court and in the presence of an impartial jury not by entering into some silly plea bargain with the prosecution. Also the MIT officer shooting, carjacking, armed assault etc are not federal crimes .. everything happened in MA so state crime, I think.

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Señor Neruda
5/19/2013 07:28:30 pm

There has been a great deal of debate surrounding the backpack. Many have believed that the backpacks that Dzhokhar and Tamerlan were seen wearing do not match the backpack containing the bomb. With that in mind, what forensic evidence should we expect to see that physically places the bombs in the hands of Dzhokhar and Tamerlan?

------------------------

What backpack containing the bomb? Why does everybody assume a photo purported to be the "bomb backpack" is valid? Because that's what someone on Reddit said ? Or a newscaster? I would expect any bag holding a bomb as powerful as those to be thoroughly destroyed, not sitting in the road in relatively intact condition.

The events of Watertown do tie the defendant to a bomb but I guess they only tie him circumstantially to THE bomb. We may not see forensic evidence until the trial.

And in a point of clarification, the only evidence that should be considered relevant at this point should be what is in the criminal complaint filed with the court. Nothing else, including confessions, has been verified by the FBI who are conducting the investigation. When evidence is presented to the court or defense team then you can consider it as it relates to the case.

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anon
5/20/2013 03:33:57 am

the criminal complaint filed by Mr Daniel Genck is weak. It is premised on a confession by Tamerlan to Danny ..to paraphrase "Did you hear abt the Marathon explosion I did that. I am serious" But it does include things like the brothers were seen moving similar explosives into the Mercedes, it clearly states the brothers exploded "atleast" two IEDs on Dexter street and that "several" exploded and unexploded bombs/ IEDs were found at the site of the police shootout (Laurel Street Watertown). It implicates the brothers in carjacking (Danny is their primary witness), armed assault (Tamerlan held a gun to Danny), stealing Danny's ATM card. There's something about Jahar talking on his cellphone prior to the first explosion and taking a photo ...All in all I think that Jahar's defense should take up the complaint and ask the prosecution to explain the things that don't add up based on other evidence. How do the events of watertown tie the defendant to a bomb? Several eyewitnesses report that the explosions were consistent with police grenades.

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Señor Neruda
5/20/2013 06:26:36 am

A criminal complaint is only used to provide the court with probable cause that it is reasonable to arrest and detain a suspect accused of committing a crime. It will not be entered as evidence in the trial if there ever is one.
Still, it is only based on facts that they can prove. Remember in law its not what you know that matters its only what you can prove. The complaint doesn't even need "Danny's" testimony and it certainly isn't premised on Tamerlan's confession to him. Even we have seen the photo of Jahar at the ATM. Do you not believe there is forensic evidence that ties them to that Mercedes. They're not going to rely on some dudes crappy cell phone video to prove they were tossing explosives at cops on that street. First they'll just have the cops testimony. Then I'm sure they'll also use fingerprints, DNA etc.

I mean this is just an affidavit. The defense isn't going to just take Dan Gencks word for it. They'll have to prove it in court. But the FBI isn't going to claim a bunch of things just to have them proved false.

Also bear in mind that the document was only produced in the 48 hours after the capture of Jahar. The investigation was in its infancy.

anon
5/20/2013 12:13:01 pm

reference to the black half destroyed backpack flashed across news channels that was then picked up by intelligent citizens and compared to the ones the brothers had on. We concluded based on plain sight that the exploded backpack does not match the ones either Tamerlan or Dzhokhar had on them.

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Señor Neruda
5/20/2013 01:06:47 pm

You can't say for certain that the backpack in that photo contained the bomb just like I can't say for certain that it didnt. It could be the bomb bag or it could just be a bag that someone near the bomb had on them.

But what I can say is that it does not appear to be a bag that held the bomb because it remained relatively intact.

anon
5/20/2013 11:33:39 am

I understand the criminal complaint isn't evidence but I imagine it is a starting point for the prosecution. The same officers that related the story to him, Gencks, will be used in or prior to trial to testify about the multiple IEDs apart from the two at the marathon.

They claim in an affidavit and an affidavit isn't just a non-issue (it is a sworn written statement of fact) to have recovered unexploded IEDs that they shld present in court. If they can't factually prove half the things written in the complaint doesn't that seriously question Genck's credibility?

Danny is a central figure. If the prosecution is able to prove these boys carjacked the car with a weapon and stole his ATM card and held him hostage that is a whole other list of criminal offenses against Jahar. It could seriously alter his defense strategy .. what are his lawyers/ public defenders going to do spend a whole year moving to different trial courts with him?

The photo of Jahar at the ATM proves just that he was by an ATM machine .. it doesn't talk to whose ATM card he was using. Was the card found on him with his other identity cards at the boat, was it found on Tamerlan perhaps or did they simply return it to Danny after taking out enough cash.

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Señor Neruda
5/20/2013 12:43:22 pm

Of course the ATM photo is going to prove he used the guys card. That's what those cameras are there for. They take a time stamped photo whenever a transaction is made. Real thieves know this. The kid was kind of stupid as he didnt seem to remember that his face was all over the news because of surveillance cameras just a few hours earlier.

Even without Danny's testimony how do they end up with his car in Watertown. Jahars DNA and fingerprints will be in the car as well.

I mean there's no way the FBI is going to shoot themselves in the foot by fabricating things in the complaint. Yes much of it is based on logical conclusions but they're going to have so much forensic evidence I'm not sure how he pleads not guilty.

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anon
5/20/2013 12:59:16 pm

what do you mean the ATM photo will prove he used the guys card. How do you know he didn't use his own? What's your deal with wanting to remove Danny's testimony from the picture ? Why would someone invest time in getting DNA and fingerprints in the car when the damn witness is there to speak for himself ?

Anonymous
5/20/2013 02:13:37 pm

Danny claimed that Jahar barely spoke except to ask him about the price of the car and took orders from Tamerlan. He also never had a gun. I think that this could potentially help a brainwashing defense.

Suze
5/21/2013 07:54:06 pm

It boggles my mind that you're almost the only logical voice on this thread. I can't believe the ignorance and lack of critical thinking on here. WTF? Are people under the illusion that they're the jury and being shown all the evidence via the media???

Señor Neruda
5/20/2013 02:37:34 pm

what do you mean the ATM photo will prove he used the guys card. How do you know he didn't use his own?

I'm confused. Do you not use an ATM card? Or at least know how they work?

I'm also not sure why you think collecting forensic evidence is wasting time. Haven't you seen My Cousin Vinny ? Lol

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anon
5/20/2013 03:25:09 pm

I do have an ATM card. I have used an ATM. I was talking in reference to a half baked statement you made earlier "Even we have seen the photo of Jahar at the ATM". My comment was you as a member of the public shouldn't draw quick conclusions based on a photo and especially not that photo. I have no doubt both the prosecution and the defense will resolve the ATM card issue in court.

I never stated collecting forensic evidence is a waste. Again I was referring to another one of your half-baked statements "Even without Danny's testimony ... their fingerprints will be in the car as well". DNA and fingerprints on the IEDs, the remains of a backpack is constructive and crucial and I imagine will be important evidence. If I were the defense my strategy would be to present Danny in court and cross examine his initial statements to the police. Rather than eliminate him altogether and use forensic evidence to support his statements (which the prosecution could opt for), I would like to see him in person in court holding up his accusations in front of a jury.

Danny is important to both the federal and state crimes therefore he should be a central figure here.

Unlike you I don't believe in the infallibility of the FBI especially since they've handled everything so shabbily till date, in my opinion anyway. Unlike you I haven't made up my mind about this boy's guilt. Unlike you I still believe in a democracy, in a court of law, things can go either way .. 50:50 despite the media trial and irrespective of the hatred.

I read your vile comment before it was graciously deleted by admin. My question to you is ... do you understand now? Should I go over things again ? I mean clearly no one knows everything or enough we're just discussing several possibilities here on this forum.

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Senior Neruda
5/20/2013 06:34:56 pm

Yeah sure I think he did it. I don't even think its in dispute except for by a group of love struck teenage girls & conspiracy nuts. Now you don't seem to be either of those but you do seem to feel there's a good chance he's innocent. So why not just say why you feel hes innocent if that's what you really want to say? I got no problem saying why I think he's guilty. If you want to debate it like that instead of dancing around the details of the complaint then lets go for it because frankly I haven't heard anything to convince me that it could be anybody else except for those 2 boys.

Señor Neruda
5/20/2013 02:40:15 pm

Danny claimed that Jahar barely spoke except to ask him about the price of the car and took orders from Tamerlan. He also never had a gun. I think that this could potentially help a brainwashing defense.

-------------------------------------

It won't help him beat the case but it could very well save his life.

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Shelley
5/20/2013 08:56:28 pm

I am concerned that Dzhokhar Tsarnaev's lawyers may make a deal for him to plead guilty to avoid the death penalty and that they might not even fight all of the charges - as many holes as there are. I fear this because, looking at Conrad's history, this is generally what she does. The biggest difference, however, is that most of the people she dealt with, such as Jared Loughner, committed a heinous crime with multiple witnesses in the most public of ways so there was little to no question of guilt. However, there does not seem to be any clear evidence that the Tsarnaevs planted the explosives in Boston. The public's perception is based mainly on the conjecture of the media and contradictory statements by police and FBI. Where is the video they claimed to have? Why are the bags different colors? I hope they really fight this and pick apart every accusation!

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Anon 2
5/22/2013 12:04:22 am

So, I would just like to know so why does Dzhokhar end up at the ATM Machine wearing sweatpants but is seen in the 711 and in the boat shooting wearing Jeans?

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Suze
5/22/2013 07:16:41 am

This is the only released gas station surveillance photo I know of: https://www.google.com/search?q=dzhokhar+atm+photos&client=firefox-a&hs=oI9&rls=org.mozilla:en-US:official&tbm=isch&tbo=u&source=univ&sa=X&ei=WbWcUbmlI4PB0AGTqoGgBg&ved=0CDEQsAQ&biw=1280&bih=603#imgrc=3JviI2l74by3fM%3A%3BBhQlN-hRn4JV8M%3Bhttp%253A%252F%252Fwww.bellenews.com%252Fwp-content%252Fuploads%252F2013%252F04%252FCambridge-gas-station-surveillance-images-show-Dzhokhar-Tsarnaev-with-arms-full-of-Red-Bull-and-Doritos-.jpg%3Bhttp%253A%252F%252Fwww.bellenews.com%252F%253Fp%253D33528%3B634%3B387

Those look like jeans to me. The other surveillance is at days earlier at UMass Dartmouth. In those he's wearing the same jacket and sweats.

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Anon 2
5/22/2013 08:50:04 pm

Ah, ok, I get it now...the ATM Pic is from another day that's why he is wearing the sweatpants. So there is no pic of him using the ATM on the night of the alleged kidnapping of Danny and where he is wearing the jeans right?

Suze
5/22/2013 07:23:43 am

This site doesn't seem to allow photo images. Google gas station surveillance photos. There's only one image I'm aware of and he's wearing what looks like jeans. Other surveillance photos show him at UMass Dartmouth a couple of days earlier in the same jacket and sweats.

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Joker
5/22/2013 11:43:59 am

Maybe he changed? Lol

Seriously take a look at the photo of him on the ground after the boat. I think he's wearing those sweats under the jeans.

You see his underwear which is white. He's definitely got the jeans on you can see the belt. But there's something else between them. It's probably the pants you see in the ATM photo.

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Suze
5/22/2013 12:49:28 pm

Here's a single gas station pic http://www.bellenews.com/2013/04/23/world/us-news/new-images-show-dzhokhar-tsarnaev-with-arms-full-of-red-bull-and-doritos-at-cambridge-gas-station/

Looks like jeans to me.

Laslov
5/22/2013 10:16:42 pm

I love how people "involved" in this case treat facts tweaking them or ignoring them in order for them to fit into whatever version of events they want to believe.

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Prudence
5/24/2013 08:51:08 am

To be fair, both side seem to be doing that. I hear people discussing this case from opposite ends of the spectrum twisting facts around. The thing is, as the public, we're only privilege to a very small amount of information. Speculation is all anyone really has when it comes to the Boston bombings.

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Anonymous 2
5/23/2013 09:55:13 pm

I just want to be frank and realistic- Dzhokhar will not plead innocent (unless he wants the death penalty). You have to realize, even if the complaint is just an outline, it includes things that can only be proven. In which, it states that the explosive contents at the Watertown shootout- one is a pressure cooker bomb of the same brand and make of the explosives used at the marathon. You realize if he pleads innocent, even this small chunk of the amount of evidence would be enough to get him the death penalty. This is merely touching the amount of evidence there is that we have not seen yet.

Whether you believe these explosives were thrown by the brothers or you think it was a set and the cops threw grenades (or think the cops threw them for any other reasons) it is going to be used against DZHOKHAR. The defense is working to keep him from the death penalty, the defense team is NOT going to try and expose some sort of conspiracy set up (even if that's what it is). You feel what I'm saying?

All I am saying is- there have been conspiracies in the past that have been exposed before they could take place, and there have been conspiracies that have gone unnoticed for years before exposed, and likely a lot that have gone completely unnoticed/ignored/rejected to question, etc.

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Anon
5/24/2013 09:50:42 am

there's no conspiracy. there was just a lot of hysteria and the police also acted hysterically maybe a lot of things recorded earlier will just fall away as we approach court date.

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