Boston Defendant Gets New Lawyer, Father Comes to U.S.
Posted on Wed May 08, 2013 at 09:17:00 AM EST
Tags: Dzhokhar Tsarnaev, Boston Marathon Bombing (all tags)
Azamat Tazhayakov, one of the two students from Kazakhstan charged with obstruction of justice for removing Dzhokhar Tsarnaev's backpack and laptop from his dorm room, has a new lawyer. He is Arkady Bukh from New York. Bukh is reaching out to the media on Twitter offering his commentary (here to Dr. Phil) and exclusive tips on the case. His offer to CNN is here.
Azamat's father, Amir Ismagulov, a wealthy businessman from Kazakhstan is also now in Boston, embarking on a media tour to clear his son. Yesterday, he was filmed paying his respects at the memorial to the victims. He said his son wanted him to go. [More...]
A few of his fathers comments, from the Boston Globe article:
“I said, ‘Why is the FBI coming to your house?’ I asked, ‘Are you involved in anything?’ He said, ‘Papa, no! No way!’
...He said he questioned Tazhayakov in jail but felt reassured when his son told him he went to Tsarnaev’s dorm room the night of April 18 “without any intention of taking anything.”
Ismagulov also said his son “absolutely” did not know Tsarnaev was the bombing suspect at that time and did not discuss getting rid of the bag with Kadyrbayev.
As to why he believes his son:
“In a Kazakh family, the son never lies to the father,” he said.
Those statements could come back to bite him. If he's telling his father the truth, then he told the FBI a lie, because according to the FBI affidavit, Azamat told them they took the backpack after they heard Jahar was a suspect. From the Affidavit:
KADYRBAYEV, TAZHAYAKOV, and PHILLIPOS were each interviewed during this investigation. As set forth below, all three have admitted that on the evening of April 18, 2013, they removed Tsarnaev's backpack from Tsarnaev's dormitory room, and KADYRBAYEV and TAZHAYAKOV have admitted that they agreed to get rid of it after concluding from news reports that Tsarnaev was one of the Boston Marathon bombers. (my emphasis.)
Unless Azamat is going to say the FBI lied about what he admitted during questioning, then he had to have lied to one of them.
ICE has now filed detainers against Azamat and Dias. (I'm using first names because re-typing their last names is too difficult and I can remember which is which easier when I think of them by first names.)
The detainers mean that the ICE is taking second seat in its immigration case, until the criminal proceedings are done. Whenever that case is over, whether it's by acquittal or he gets convicted and sentenced, the Marhals' Service turns the defendant with an ICE Hold over to ICE for their proceedings to begin. If it's after sentencing, he will first have to serve his sentence before going back to ICE for removal proceedings. While it's possible to get an immigration bond in some instances, if that doesn't happen, the defendant has to remains in dismal ICE facilities until a formal order of removal is entered and ICE has a plane going to Kazakhstan -- they remove you from the place, who knows when -- and fly you back to your home country.
More on what Azamat told the FBI during his uncounseled interrogation: (Putting aside for now the time events which seem contradictory:
KADYRBAYEV then texted Tsarnaev and told him that he looked like the suspect on television. Tsarnaev's return texts contained "lol'' and other things KADYRBAYEV interpreted as jokes such as "you better not text me" and "come to my room and take whatever you want." (An analysis of KADYRBAYEV's cell phone reflects that these texts were sent on April 18, 2013, between 8:43p.m. and 8:48p.m. EST.)
On April 18, 2013, between approximately 6:00 p.m. and 7:00 p.m., KADYRBAYEV, TAZHAYAKOV, and PHILLIPOS met at the UMASS·Dartmouth campus and went to Tsarnaev's dormitory room. Tsarnaev's roommate let them in, stating that Tsamaev had left a couple ofhours earlier. KADYRBAYEV, TAZHAYAKOV, and PHILLIPOS spent some time inside the room watching a movie. They noticed a backpack containing fireworks. The fireworks had been opened and emptied of powder. KADYRBAHYEV knew when he saw the empty fireworks that Tsamaev was involved in the Marathon bombing. KADYRBAHYEV decided to remove the backpack from the room in order to help his friend Tsamaev avoid trouble.
He decided to take Tsarnaev's laptop as well because he did not want Tsarnaev's roommate to think he was stealing or behaving suspiciously by just taking the backpack.
After KADYRBAYEV, TAZHAYAKOV and PHILLIPOS returned to KADYRBAYEV's and TAZHAYAKOV's apartment with the backpack and computer, they watched news reports that featured photographs of a man later identified as Dzhokhar Tsarnaev and that identified the man in the photographs as a suspect in the bombings. According to KADYRBAYEV, they then collectively decided to throw the backpack and fireworks into the trash because they did not want Tsarnaev to get into trouble. KADYRBAYEV placed the backpack and fireworks along with trash gathered from the apartment into a large black trash bag and then threw the trash bag into a dumpster near the Carriage Drive apartment. He remembers doing this at approximately 10:00 p.m. TAZHAYAKOV and PHILLIPOS did not participate in placing the trash into the dumpster but knew that KADYRBAYEV had done so.
The best case scenario might be to get bond in federal court, go to the ICE facility pending trial in the criminal case, try to convince the immigration court his visa was valid, it was just out of status for the time between when he dropped out of U.Mass and got into the next school, and was no longer out of status. He might get a bond from ICE too which would leave him on house arrest except for school classes and doctors and lawyers visits, and GPS monitoring, which would be a lot better than spending up to a year in federal or Ice custody.
I feel sorry for his father. Imagine living half a world away and having to come to the U.S., which you always believed had the fairest criminal justice system in the world, and your kid ends up in no man's land with his options being federal Detention or ICE detention, and maybe it will take a year to straighten out.
Pretty sad, for Azamat and his family. Azamat may well have told the FBI something different than the FBI is now claiming. Or there might have been a language problem. Or maybe he didn't go to the dorm with the intention of taking anything, he just didn't prevent his roommate and the other kid from doing so, and he's not guilty, under either an aiding and abetting theory or as a principal. Being at the scene of a crime, even with guilty knowledge that a crime is being committed, is not enough for aiding and abetting unless you did something to further the illegal objective of the principal. It wasn't his car (he didn't drive there). It sounds from the FBI complaint that he didn't take the bag or dispose of it, that was Dias -- he just didn't stop Dias from doing it.
These pictures probably won't be too helpful. Notice the same red chair in both.
One last thing: The mystery girl at 64A Carriage Drive (Dias and Azamat's house) who was arrested and released has now been identified, thanks to Azamat's father. She is Dias' girlfriend.
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