Published in Denmark on July 4, 2018
THE PROSECUTION OF DZHOKHAR TSARNAEV IN THE BOSTON BOMBING CASE
During the trial, after I had looked into the case, I wrote an opinion, stating that, in light of known FBI-gathered evidence, there was no probable cause to charge Dzhokhar. Drawing from fragments at the scene of the explosions, the FBI crime lab and the indictment against Mr. Tsarnaev, and also the major news media, stated that the culprits were carrying black backpacks, filled with heavy pressure cooker bombs, at the time of the explosions, yet Dzhokhar in particular who was charged, not to mention his deceased brother Tamerlan, was shown in a still-frame photo from a street surveillance video used by the FBI to identify the suspects, carrying a light-weight white or silvery bag over his right shoulder only minutes before the explosions. It so happens that there were widely published photos at the time, these still available, showing men in paramilitary gear, wearing black backpacks which perfectly matched the black backpacks projected by the FBI crime lab, but these individuals were not questioned by the FBI.
A new team of court-appointed lawyers for Mr. Tzarnaev took an appeal in his behalf to the First Circuit. “Counsel for the appellant” will submit their arguments, but I daresay we shall hear nothing from them about the backpacks that do not match, and nothing about the phony blood, which completely change the case from guilty to not guilty, and warrant at least a new trial, if not an acquittal as a matter of law.
On November 24, 2017, argument in support of the amicus motion was filed as ordered by the First Circuit. I attach a copy of the text of the argument before the First Circuit, without caption, tables, appendices, or addendum. The motion and our argument are now visibly part of the judicial record, although the major media have continued to abuse the First Amendment by hiding this material from public attention in their game of intentional deception. We have learned of this sad reality from an honest journalist associated with the Boston Herald, who interviewed me for about forty-five minutes on November 26, 2017, after she discovered our filings with the First Circuit two days beforehand. As she expressed her impression in conversation with me, this material completely changes the story of the Boston marathon case as reported by major news media of the United States, and she was glad to have discovered the facts and to report them, as a good journalist should have been. But her supervising editor blocked publication of the story. She should have won the Pulitzer prize and seen her work published. If the country does not find out what really happened in this case, Mr. Tsarnaev will die by lethal injection, and the United States will be disgraced in the eyes of history. And those responsible will be answerable to God. I have intervened, because I am an American lawyer, and I want to be proud of the law and proud of my country.