Mysterious Boston Trial Begins: Defense Not Defending the Accused
27 February 2015
By Karin Friedmann
The trial of Dzhokhar Tsarnaev began
Wednesday, March 4. If anyone still held out any hope that we were going to
get some answers, that the government would now be asked to prove their
convoluted story related to the 2013 Boston Marathon bombing, or that Jahar’s
lawyers were going to put up a fight, they were brutally disappointed like a
slap in the face. I attended opening statements as well as court proceedings
the following day and I am as baffled as anyone, for this is the most bizarre
criminal trial anyone in history has ever seen.
The prosecution’s opening statement was
as expected. It echoed what has already been leaked to the mainstream media,
with a few embellishments that sound preposterous. Suddenly now they are
saying Jahar’s UMass ID was found on the floor of his Honda Civic, covered in
the blood of Officer Collier, the MIT cop who was killed while sitting in his
car, as well as his blood covered gloves. Why would any murderer take off the
victim’s gloves and then put them in his car? There was so much about the
government testimony that begged to be ripped to shreds. Attorney William
Weinreb drew upon public prejudice against Islam, calling the defendant a
''holy warrior'' whose actions were motivated by a desire to die as a martyr
and reach ''paradise.''
Defense attorney Judy Clarke then
shocked everybody by beginning her opening statement by conceding
responsibility for ''a series of senseless, horribly misguided acts carried
out by two brothers: 26-year-old Tamerlan Tsarnaev and his younger brother,
19-year-old Jahar.''
Isn’t a defense attorney’s job to cast
doubt on the government’s accusations? We all expected her top priority to be
defending her client’s life but saying, ''He did it'' in the opening
statements went above and beyond most people’s expectations. Seems to be a
strategy to make the trial go by as fast as possible so they can focus on the
sentencing phase, with the presumption that he is assured of a conviction no
matter what arguments are presented. The defense did not cross-examine a
single government witness.
I searched Jahar’s face for some sign
of guilt or innocence but could find no information except that he is
resigned to his situation and trying to stay positive. I watched his long,
bony white fingers play with a pencil, standing it up on end, holding it
upright awhile with one finger at its tip. His eyes remained downcast most of
the time, though he occasionally glanced at a speaker. There was one
particular cop that he glared at. Chatting with his legal team, he seemed
almost too content with their decision, given that neither death nor life in
prison seem like particularly good options. The second day, he looked pale
and subdued. There is nothing about his demeanor that seems tense, angry, or
fearful. One observer described him ''like a lost puppy.'' Similarly, a
schoolteacher and potential juror that didn’t end up getting selected,
blogged:
I turn to his family for some kind of
insight. Jahar’s Aunt Maret posted on weebly:
''That team of defense was forced on
Dzhokhar. Dzhokhar, I know that from my brother Anzor, apparently was
REFUSING those lawyers back in May-June of 2013, he told them to go away,
that he did not want them (obviously, he did that since he detected that they
were not there for his benefit). When the parents raised the issue before
Judy Clarke and William Fick for the first time in June 2013, in Makhachkala,
during their first visit, that they (the parents) would want to get a private
lawyer to defend Dzhokhar, because they knew that public lawyers are
government paid lawyers. Fick's (mostly, it was him pressuring this issue
through) and Judy's response to that intention of the parents was "there is
no way" you can do that and you will be allowed to do that. Fick said if one
of the attorneys go, then the whole team goes. So, Judy Clarke and William
Fick also were pushed down Dzhokhar's throat by the government. And, this
team got Zubeidat somehow under their influence and that is how they worked
out their defense strategy, according to which, they are painting Tamerlan as
"self-radicalised" mastermind of the crimes and Dzhokhar is a follower. And
there, you should see why Dzhokhar would be seeming indifferent during the
court proceeding to those, who report from the courthouse. It was mentioned
the other day that Dzhokhar felt nauseous on Thursday, would that be side
effect, he was having as a result of drugs he was pumped in before that day's
court hearing? Because I cannot image Dzhokhar feeling ok and sitting
quietly, while Judy Clarke was given that murderous speech, knowing that that
kid is totally innocent.''
It appears to me that both defense and
prosecution agreed to steer clear of any mention of FBI involvement in the
brother’s lives, in exchange for sparing Jahar’s life. Nevertheless, the
judge is acting outrageously, constantly interrupting the defense and even at
one point inserting his opinion that ''there isn’t much evidence'' that the
accusations against Jahar are not true! How can that be legal? Whose job is
it to censure a Federal judge?
Someone in touch with Jahar’s family
shared with me several audiotapes of Jahar’s loving mother, which make clear
that he comes from an intensely affectionate and deeply religious family.
Whatever he did or did not do, he is not the victim of poor upbringing. ''I
wish you would have known how full of love we all were… how happy we all
were…'' Tamerlan used to kiss all of his mother’s toes, saying, ''This is my
paradise!'' Jahar would become possessive and demand to massage her other
foot insisting that he should be allowed to share in paradise!
According to his mother’s descriptions
of her weekly phone calls with her son, Jahar seems to be in a highly
elevated state of iman:
''Allah is with us, Allah watches us
always… Everything is by Allah’s will. This is another test for us and we are
thanking Allah, we never complain and we know that everything Allah does is
for our benefit if not in this dunya then in the Hereafter... inshallah we
all will rejoin in Paradise… Tell her (his sister Ailina who cannot visit him
due to false accusations) to be patient and not to cry... whatever Allah’s
decision is, that is what we are happy with.''
Interpret it how you will, this the
mental state of the surviving brother. His sister Ailina gets up late at
night to pray for all the Believers.
''We need to love each other like one
body,'' Jahar’s mother Zubeida implores us.
''Alllah azza wa jal. He knows how his
brother loved him and his brother will be waiting for us inshallah by Allah’s
will in Hereafter and we will be all together inshallah.''