NIPS: Nipping at the heels of authority.....500 word articles or less.....
NIP: A War of Words between Opposing Forces
09/16/2014 By O.L. Coach
At the outset, Defense Attorney David Bruck stated the defense wanted to investigate the possible Tsarnaev family connections to the FBI, and whether Tamerlan was recruited by the FBI or other agencies. Every subsequent, honest, straight up - boy scout Defense request for access to files on Tamerlan's travel to Russia in 2010 and 2012, Tsarnaev family members, Ibraghim Todashev, the Waltham Three murders, Watertown police reports, the Tsarnaev brothers’ computers and hard drives files, Dzhokhar’s hospital interrogation and more - have been denied by Judge O'Toole as "irrelevant"...
In other words, Judge O'Toole has de facto ruled the Boston Marathon Bombing occurred in a time warp vacuum without past events leading up to it - nor any events, investigative or otherwise following it. In this, the Judge seems to be of the same mind as former Boston FBI S.A. R. DesLauriers, who emphasized the significance of 'a particular moment in time' on a certain unreleased video, while disregarding the placement of a black bag. Reminiscent too, of R. DesLaurier’s "Thou shalt only look at the pictures and evidence of the bombing provided by the FBI." Well, to most observers this clamp down on discoverable evidence, along with the fraudulently conceived SAMS, and the murder, harassment and deportation of all friends, associates and potential witnesses - has meant that the prosecution along with the Judge were hoping for a speedy cave-in on the part of the defense and a plea agreement well before this summer - especially with vacations planned and other personal milestones anticipated. |
Unfortunately, some now-legendary Chechen
stubbornness threw up a roadblock and there will be no quick and easy deal for
the Prosecution to gloat over. And imagine the shock to U.S. Attorney C.
Ortiz when she realized the Defense team was - "the noive of them"
-actually going to take the case to trial! So, given the straightjacket imposed
on the defense by Judge O’Toole (unfortunate name) and Ms. Ortiz, the Defense
has been forced to resort to surreptitious means to defend their client - all
in the name of mitigation. This highly irregular strategy is causing
embarrassing "control" issues for the Prosecution. They seem to be
permanently on a steady diet of grinding frustration because every move the
Defense team makes - yields forth a shrill wail from the prosecution that is
most unbecoming of a ‘rumored’ future Governor, Attorney General or other
stately title and position.
The Defense has maintained an unyielding poker face throughout the worst moments of the written melee – carefully informing all that the drips and drabs they have squeaked out are reflective of them engaging in mitigation efforts only, but there is just not enough time to put on an adequate defense for their client. They betray nothing of what it is the Prosecution is dancing all around - that they - "the noive of them" Defense is using mitigation to end run C. Ortiz and crew, availing themselves of information and evidence Prosecution and Judge believe is definitely not relevant. (Don’t they already have the criminal locked-away in Devens? What’s the urgency here?)
The recent 'double cross' pulled on the Defense team in Russia is yet another example of the Prosecution being two steps behind the Defense at almost every turn – although C. Ortiz and crew still have the big guns at their disposal as the 'Russian incident' proved. M. Conrad's restrained response reflects an admirable blend of professional ethics and good sportsmanship on the part of the Defense. Smearing another professional’s integrity and reputation is one of the unwritten "thou shalt not's" between attorneys. After all, both parties are presumably only interested in justice - it is after all just another case.
Right?
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We actively encourage comments, discussion and debate on this site! Please remember to keep it relevant and be respectful at all times.