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If the FBI lied did Waltham pay the price? by B Blake

April 1st 2014
Tamerlan Tsarnaev approached as an informant
Lawyers for Dzhokhar Tsarnaev stated in recent court filings that the FBI had attempted to force his older brother, Tamerlan Tsarnaev, to become an informant:
'The FBI asked Tamerlan Tsarnaev to be an informant, reporting on the Chechen and Muslim community...[and there is] reason to believe that Tamerlan misinterpreted the visits and discussions with the FBI as pressure that amounted to a stressor that increased his paranoia and distress.'
David Bruck, attorney for Tsarnaev, indicated where the suggestion had come from:
'on information from our client’s family and other sources that the FBI made more than one visit to talk with (Tamerlan’s parents) and Tamerlan, questioned Tamerlan about his Internet searches, and asked him to be an informant'
Bruck also cited a House Committee on Homeland Security report that had been released days earlier, noting it contained information that may substantiate such a proposition. The Bureau has always denied Tsarnaev was ever an informant, or that they ever approached him to become one. They also maintain they had no idea who the marathon suspects were until they 'finger printed Tamerlan's corpse'. With that in mind is there any evidence to suggest otherwise? And if there is, could it be relevant to the Waltham triple murders of 2011?
Evidence Mounting...
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Given FBI protocol on the recruitment of imformants, the evidence that Tsarnaev was approached has been building for a while now and appears to be gathering pace.

The House Committee on Homeland Security report noted that in 2011, Russian intelligence officials warned the government that Tsarnaev had possible links to Islamic extremists. This prompted an extensive investigation by the FBI Joint Terrorism Task Force (Boston office) into Tsarnaev, which concluded that he 'had no links to terrorism'. Linked or not, this is precisely the sort of situation that the FBI uses to its own advantage when recruiting informants. 

The report added that Russian authorities had pressed for the 'mandatory' detention of Tsarnaev should he attempt to leave or re-enter the US at any point. It further revealed that this warning/request was completely ignored by federal officials. In early 2012, Tsarnaev was allowed to travel unhindered to Dagestan and return to the US six months later, without being stopped or questioned by any US government officials. He was also on an anti-terror watch-list. Why didn't officials detain him? If the Bureau saw Tsarnaev as a potential asset it would certainly explain their actions. It would also explain some of the other issues that have arisen from purported 'intelligence failings' linked to the Boston marathon bombing case. 

These latest allegations, in conjunction with previous evidence that indicated substantial contact between US intelligence and security services with Tsarnaev, have come in the wake of two separate reports into the shooting of Ibragim Todashev. Both reports concluded that Todashev (who was shot multiple times by an FBI agent in his Florida home in 2013), was justifably killed. 

At the time of his death, Todashev had been undergoing an interrogation into the Waltham murders of 2011. He allegedly confessed his own involvement in the crimes and also implicated Tamerlan Tsarnaev. But other than Todashev's dubious confession, there is very little evidence, if any at all, to suggest that either he, or Tsarnaev, were ever involved in the triple homicide. So why would the FBI lie? 

Waltham Revisited
It often takes a cover-up to hide the details of another one. The Bureau claim they carried out an extensive inquiry into Tamerlan's alleged activities in 2011 but could find no derogatory evidence on him, so all contact ceased and he was simply sent on his way. They never approached him to become an informant. But they also claim that Tsarnaev and Todashev committed the Waltham murders of 2011 - and they did so just three months after the Tsarnaev was determined to be 'no threat'. There has been no attempt to square this obvious dichotomy, but there needs to be.

If Dzhokhar Tsarnaev's lawyers are correct, this means the FBI were actively pursuing Tamerlan Tsarnaev as an informant right at the time the Waltham murders occurred. This also means they were highly likely to be watching him. It was certainly no secret that Tsarnaev was involved with the FBI at the time. The girlfriend of Brendan Mess, one of the three Waltham victims, stated in May 2013:
'Brendan said, ‘The FBI is watching him; they think he’s a terrorist'. 'We laughed about it. We never took it seriously'
Therefore, if the Bureau were watching Tsarnaev in their pursuit of him as an informant, they in all likelihood knew at the time that he was not responsible for the crimes. What's more, Law Enforcement actions in the wake of the murders tend to support that notion. 

Whilst there was clearly no appetite amongst local police to fully investigate the murders, they were informed by the families of the Waltham victims that Tamerlan Tsarnaev, as a member of Mess' local social circle, was a potential person of interest. Yet he was never interviewed. Again why?

Tsarnaev was friends with the victims, had recently been investigated for links to Islamic extremism and was on an active terror watchlist.  More than two years after the murders, and in the wake of the marathon bombings, a recent 'flash of insight' rebranded the motive: anti-Semitism arising from violent Islamic extremism, apparently viewed by the authorities as immeasurably more plausible and probable than vengeance within drugs circles. So if Tamerlan was on an anti-terrorist watchlist, having been suspected of seeking to join Islamist extremists: what possible reason was there for investigators not to interview him, unless they were informed that there was no way he committed the crimes? 

There remain no witnesses to the murders, no murder weapon, and no reports of any injuries on either Todashev or Tamerlan Tsarnaev at the time the crimes were committed. This is despite strong evidence suggesting the victims fought back at their assailants, Brendan Mess in particular. Add to that a 'confession' that bears no relation to the actual crime scene -  there soon emerges many reasons to believe Tsarnaev and Todashev were never involved with the homicides.  The first suggestion that they may have been involved was aired only after the 'confession' and subsequent killing of Ibragim Todashev.

Indeed the only alleged physical evidence linking the two to the murder scene has been a vague reference to DNA found at the property, which is deemed so weak it is still undergoing 'further testing'. Investigators readily admit that Tsarnaev and Todashev were regular visitors to the address before it was ever a crime scene, and that the presence of their DNA was to be expected. Is the DNA of other visitors to the apartment undergoing 'further testing' too?

We have noted in previous articles the many questions that remain unanswered with respect to the Waltham murders. That they were drug related, a form of exemplary punishment, and occurred at a time when there was known police corruption at play.

And we are not the only ones who share this view..
Friends of Mess speak out
We spoke with a friend of Brendan Mess who, under condition of anonymity, provided the following statement:
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"I knew Brendan since childhood, and fail to believe he was murdered by one or two people, or the people they say done it. I hung out with Brenden, Eric and Raphael loads. I met Tamerlan Tsarnaev a few times. He was quiet but definitely friends with Brenden. 

When the murders first happened I knew it was to do with drugs. Brenden was up to all sorts but he never deserved that. I knew it had to be a group that done it. There is no way Brenden would just sit there and get his throat cut or watch it happen to Eric and Raphael without doing nothing. Anyone who knew him will tell you the same. He was a tough man"


The friend continued:

"The murders never got solved because the police didn't investigate them right. I dont know why but I think they knew more and may have come across things to do with dirty officers who were involved with drugs down there."

On Ibragim Todashev's alleged confession:

"When I heard they said Tamerlan and Ibragim Todashev done it I was amazed. There was just no way, and I was angry.
Then I saw the confession they said was written by Ibragim Todashev about the murders and I got madder. That would never have happened. If they went in there and pointed a gun at Brenden he would have laughed and beat both of them real bad as a lesson to them. It was three against two and as far as a gun was concerned, I know it would have made no difference.

I dont know why the police keep lying but I want to. I just want to know who killed my friends."

Mess' friend's statement would seem to concur with that of other friends who have  previously offered similar insights. There is no reason to disbelieve these individuals. Put simply and to quote, they 'just want to know who killed their friends'. Very few believe that it was Tamerlan Tsarnaev and Ibragim Todashev, but unfortunately, and despite all the evidence pointing to the contrary, that's exactly what they're being asked to do.
Carmen Ortiz is still sleeping with the Waltham files....
The government has consistently refused to provide Dzhokhar Tsarnaev's attorneys with infomation on the Waltham murders, Todashev's interviews, or anything of true substance relating to Tamerlan Tsarnaev's contacts with the FBI. The 'reasons' they have given for that decision are at best questionable, or at worst, indicative of real fear.
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If the FBI did attempt to force Tamerlan Tsarnaev to become an informant the government now finds itself caught between a rock and a hard place. 

Not only would they have to admit that they repeatedly misled the public and Congress over the issue, they would also have to admit they were watching Tsarnaev at the time the Waltham murders. 

Consequently, they knew he was not responsible for the crimes. 

The only other scenario is that they knew he was responsible, but   prevented him from being prosecuted. 

Given the brutal nature of the homicides and the fact that there were three victims, this seems slightly far fetched even for the FBI, yet, in any case, they simply cannot risk revealing any evidence that may draw attention to an original untruth: their insistence that they never once approached Tamerlan Tsarnaev to become an informant. Moreover, after shooting Ibragim Todashev dead whilst under questioning for a crime they knew neither he nor Tsarnaev committed, the predicament becomes all too clear. Sadly, it seems Waltham may well have paid the price for the FBI's actions.

The government knows that once credibility is lost it is very difficult to regain. It resists and refuses scrutiny upon itself, lest this jeopardise a successful prosecution for the biggest terror attack on US soil since 9/11. That the accused is the brother of Tamerlan Tsarnaev could not be more significant: with respect to Tamerlan the FBI initially denied all knowledge, and when found out, subsequently lied about its enduring contact with him.  

However, whilst the focus so far has been fixed on the alleged perpetrators of the Boston marathon bombings, it appears to be shifting, and in a clear direction that Waltham is relevant to that case. But for over two years the particularly savage triple murder has not been 'relevant' in its own right to anything at all. 

It now appears to be viewed, at best, as mere 'collateral damage': as long as there's a conviction for the marathon bombings, Waltham doesn't matter. That means the families don't matter, the victims don't matter, and neither does the pursuit of justice. So what's new ? Depressingly, it didn't seem it to matter before the marathon bombings either.     

But Waltham continues to haunt. The FBI have evaded scrutiny for far too long and there are now many serious questions they have yet to answer.

Hiding in Carmen Ortiz' filing cabinet may no longer be an option.

Related Posts:
Police corruption: Drug gangs, steroids and fighting gyms. Who really had a motive to kill the Waltham three? 
Part 1: The odd men out
Part 2: Dirty Cops and Drug Gangs
PART 3: Carmen Ortiz - Why are you holding on to the Waltham files - A Conflict of Interest?
Tamerlan's passport and the terror watchlist issue
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