[shouts] IS ANYBODY ALIVE OUT THERE
hello guys ??
[shouts] IS ANYBODY ALIVE OUT THERE
hello guys ??
A federal judge today declined a request by lawyers for alleged Boston Marathon bomber Dzhokhar Tsarnaev to force prosecutors to turn over more evidence so the defense could better prepare its opposition to the death penalty.
US District Court Judge George A. O’Toole Jr. said in a nine-page ruling that the defense was requesting blanket disclosure of information without showing that the information would be material to the trial, which is the standard prosecutors must follow.
“The defendant has not made a prima facie showing of materiality,” the judge said. “He essentially seeks access to the government’s information haystack because he is confident there are useful evidentiary needles to be found there. That is simply not enough to trigger a disclosure obligation.”
Though prosecutors have turned over evidence already, the defense attorneys argued that the government has refused to turn over information such as interview reports with Tsarnaev’s friends and family members, as well as the family members’ immigration records.
The defense argued that the evidence could help them prepare a presentation opposing the death penalty. The prosecutors, however, argued that they had already produced all the information they were required to. They also argued that they had no obligation to turn over materials that would help in a death penalty presentation, that they would only be required to turn over information for a trial.
O’Toole ruled that the government could be required to turn over information for the death penalty presentation, because arguments over punishment would be part of the penalty phase of the trial and decided by the same jury.
However, the judge said, the defense attorneys still had failed to prove that the information they requested was material — relevant and significant — to their case.
“The information requested to be produced must be material to the defense, and the defendant bears the burden of making a prima facie showing of materiality,” the judge said.
He said the defense team could file another request if it determined the government had specific evidence that would be relevant to its case.
Tsarnaev, 20, faces multiple charges that carry the death penalty for his alleged role in the April 15 bombings, which killed three people and injured more than 260. He and his brother, Tamerlan, were also accused of fatally shooting an MIT police officer. Tamerlan was killed during a confrontation with police in Watertown on April 19; Dzhokhar Tsarnaev was arrested later the same day.
In addition to arguing against the death penalty if Tsarnaev is convicted, defense attorneys are also allowed to make a presentation to US Attorney General Eric Holder before the trial. Holder is to decide by the end of January whether prosecutors will seek the death penalty.
Judge O’Toole did grant one defense request. He ordered prosecutors to turn over actual recordings of Tsarnaev’s phone calls from jail, not just the transcripts, because the actual recordings could convey information beyond the words themselves, such as vocal inflection.
— Anzor Tsarnaev (via let-goletgod)
i was so out of it by the time i left work i forgot to grab my fucking check lol.
Anyways, hi guys. I just wanted to post something on here.
Man, it’s like a desert out here lol.
Anonymous asked: I so much want Dee Wampler to be jahar's lawyer. He would not put up with this crap. He would go for innocence not plea bargain. Judy Clarke is a player. We need to build momentum for a strategy for jahar and a different lawyer.
I just want to start by stating that everyone needs to lose hope that Dzhokhar might be acquitted if they haven’t already. Sorry if that sounds harsh – that’s the reality. I mean, let’s say you guys are right and that he actually is innocent – innocent people are sitting in prison today, it happens. It doesn’t matter at this point. Our system is based on evidence. They had more than enough evidence to prosecute him, and provided they have everything they say they have in the indictment, they pretty much have enough to convict him as well. In a case of this magnitude and with this much incriminating evidence against a defendant, no defense attorney in their right mind would go for innocence.
Judy Clarke’s job is not to acquit Dzhokhar, but rather to get him the most favorable sentence outcome possible – and honestly, she is doing an incredible job so far. Down the line, taking a plea bargain and avoiding trial altogether would be the most effective way to get him a more lenient sentence. However, what we are seeing now is the defense team getting their strategy – Tamerlan – ready in case no bargain is offered or taken. Using Tamerlan’s alleged influence to defend Dzhokhar would also be a great shot at convincing the judge to be lenient. Everything they are doing is in an effort to promote leniency for their client.
As usual, we’ll need to wait and see what happens with this. Personally, I’m still not convinced this won’t go to trial (although I do think it’s pretty likely that it won’t, statistically speaking anyway).
i do this right and you do this wrong blah blah blah
bro, no one cares. i sure as hell dont. im just here for updates, fuck everything else lol. Yall do you and ill do me, things work a lot smoother with that idea in mind.