They met Tsarnaev during the — school year, when they were all freshmen. As soon as he saw the first, grainy picture on the news, Kadyrbayev texted his roommate to urge him to come home. So did many other students, whose first reaction to the pictures was not to call the authorities but to go ask Dzhokhar himself if he had set off the bombs. Students milled around for a bit, exchanged questions and expressions of concern, then left.
About ten minutes in, Tzahayakov and Phillipos came to the room, having been summoned by a text message by Kadyrbayev. They sat down to watch a movie. Kadyrbayev continued to search the room for another twenty minutes.
Two witnesses have testified that Kadyrbayev said that he thought the fireworks and Vaseline had been used to make the bombs. When the movie ended, Kadyrbayev and Kumiskali retired to a bedroom.
At some point Tazhayakov dozed off; later, so did Phillipos. When Tazhayakov awoke early the next morning, he discovered that Dzhokhar Tsarnaev, who was still on the loose, had now been publicly identified as a suspect in the bombing, and that Tamerlan had been killed. Tazhayakov began to panic and smoked marijuana for what may have been the first time in his life.
She told him that the items might be evidence and that she did not want them in the apartment. COUNT 22 Possession and use of a firearm Ruger P95 9mm semiautomatic handgun during and in relation to a crime of violence; aiding and abetting. Support Provided By: Learn more. Thursday, Nov The Latest. World Agents for Change. Health Long-Term Care. For Teachers. NewsHour Shop. One can be sure of one aspect of the defense strategy: delay, delay, delay.
And a possible request for a change of venue. The farther the defense can get from this moment in Boston, temporally and physically, the better its chances. Does Tsarnaev have to be out of the hospital to be tried? If so, how long are authorities allowed to continue holding bedside hearings like this one? There are no hard-and-fast rules here. Tsarnaev has to be able to understand the proceedings against him and participate meaningfully in his defense. He does not have to be a hundred per cent healthy to be tried.
He does have to be present at the trial. The decision about his fitness to stand trial will be up to the district judge assigned to try the case. Will he continue to do so? Almost surely not. His attorney will put a stop to it. The more Tsarnaev talks now, the less he has to offer later. This is hard to say. Dzhokhar would certainly have more leverage if he could tell investigators about a wider plot.
Prosecutors will have to consider many factors in deciding whether to plea bargain; among them are the strength of their case, the wishes of the victims and their families, the views of local authorities, and the judgment of senior Justice Department and White House officials.
So prosecutors are going to seek the death penalty? The initial charges include crimes that potentially carry the death penalty; this will probably also be true of the charges in the initial indictment.
The Department of Justice has a formal process for deciding whether to seek death in eligible cases; this process begins after the indictment. The final decision is up to Eric Holder, the Attorney General. Also, more generally, what does it mean to the case that only one brother is alive? As a general matter, it is a mixed blessing for Dzhokhar that he is the only survivor.
It is bad for him because he is now the focus of all the prosecutorial attention.
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