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Robel Phillipos, Dias Kadyrbeyev and Azamat Tazhayakov: Fireworks and the power of suggestion by B Blake

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In a previous article we examined the power of suggestion and the role it played in convicting Dzhokhar Tsarnaev in the public mind well before a trial has even taken place. We explored the issues surrounding the fireworks allegedly disposed of by Tsarnaev's three friends in what was described as an attempt to 'cover up' the fact that Tsarnaev had used them to construct the bomb he allegedly placed outside the Forum restaurant. The fireworks themselves were of a completely different type to those officials have linked to the bombings and many were distinctly still intact, although this did not stop the media drawing incorrect conclusions and reporting as such.
Yesterday, Dzhokhar Tsarnaev's three friends Robel Phillipos, Dias Kadyrbayev and Azamat Tazhayakov attended court for their alleged role in the marathon bombings and all three pleaded not guilty to the crimes they were accused of. As the case is current, we thought now would be a good time to reveal what our previous investigations have unearthed about this case in particular. This article relates primarily to Dias Kadyrbayev and Azamat Tazhayakov although an article on Robel Phillipos will follow shortly.

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Questioning the Indictment in relation to Kadyrbayev and Tazhayakov

The indictment against Kadyrbayev and Tazhayakov reads like a closed book for the prosecution. It claims they wilfully obstructed justice by removing items from Tsarnaev's room, in particular a backpack containing fireworks that had showed 'evidence of tampering,' which they then deposited in a dumpster leading to officials scouring a landfill site to recover the items. It also states that they repeatedly lied about the circumstances of the alleged crime, before finally admitting their role and that they knew 'Dzhokhar Tsarnaev was the marathon bomber'.

But just how reliable is that indictment under circumstances recently revealed? And is there any truth to the story they initially told investigators about the fireworks?

According to the Indictment, Tazhayakov had seen Tsarnaev with fireworks a month earlier when he and others set them off along the banks of the Charles River in Boston. They initially claimed that they thought the fireworks may be 'left over' from this incident, but panicked after seeing Tsarnaev's face on television and removed them 'without thinking'. Could this be true, and is there any way of proving or validating this claim?

Yes, there is.

In the month prior to the marathon bombings Tsarnaev tweeted the following during an interaction on the social networking site, twitter.
Dzhokhar Tsarnaev on social networks
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Far from sounding like an active terrorist bomb maker his tweets reveal he was in all likelihood simply playing with fireworks. A fact that several of his friends were clearly fully aware of and actively participated in with him. It would appear they were guilty of committing acts of teenage stupidity, if nothing else. These photos of  the fireworks outing spoken about above, were posted onto twitter by a friend of Tsarnaev's who was referred to in the exchange.

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Is there anything else to support the story that they had been 'playing with fireworks' in the previous month?

Again, yes there is.

We ran a search through Boston local newspapers to see if there were any reports of incidences of firework use during that time period.
Local newspaper reports
The Boston Globe and the Boston Herald both carried similar stories relating to several incidences of 'kids playing with fireworks' during the month of March. None were recorded in the previous months of the year. One incidence included a report whereupon a local fire marshal had been called in, over concerns that the 'kids' concerned had opened fireworks tubes and attempted to construct a larger type of explosive, to 'get more bang for their buck'. This occurred on March 12th 2013, eight days prior to Troy Crossley tweeting Tsarnaev in the exchange above.

Three days after the first report, another incidence of 'kids playing with fireworks' took place on March 15th, five days before the exchange between Tsarnaev and his friends. 

This is what local Police Chief Walter Sweeney had to say about the incidents at the time.
"Essentially, these appear to be from homemade fireworks and not firecrackers. It appears there is someone experimenting with fireworks although there is no intent to cause harm"
Now, the cynic would argue that this must have been Dzhokhar Tsarnaev and friends practicing their bomb-making skills. However, according to official documents and statements surrounding the case, this particular assertion can never be valid. When Tsarnaev was initially questioned in the days after the marathon bombings, he allegedly confessed to the crime and told police he and his brother had not practiced how to make the bombs and that the devices which exploded at the marathon were the first and only attempt - a statement that is highly questionable, but fully accepted by authorities as a true account of the circumstances. Furthermore, there were many teenagers involved in Tsarnaev's circle of friends who had been playing with fireworks, not just the three indicted alongside him. If there was any suspicion that any of the incidents above were anything to do with bomb-making activities and that Tsarnaev's friends were potentially complicit in such acts, there would have been a lot more appearing in court with Robel Phillipos, Dias Kadyrbayev and Azamat Tazhayakov at yesterday's hearing and arraignment. 

...Just kids playing with fireworks...'there was no intent to cause harm'...

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So it would seem that there is a definite and provable element of truth to  Kadyrbayev and  Tazhayakov's initial statement to police about what they thought the fireworks they disposed of had actually been used for. This, coupled with the fact that the Indictment against the twosome accepts that they did not know fireworks would be present in Tsarnaev's room when they visited it and only noticed them after they had been there some time, really does lead to serious doubts over the validity of the prosecution case. Yet surprisingly, after hours of questioning they allegedly confessed.

The Validity of the Indictment and the circumstances under which  Kadyrbayev and  Tazhayakov allegedly confessed.
Kadyrbayev and Tazhayakov had already been in police custody at the time of their arrest due to a 'suspicious license plate violation' and authorities then held them on immigration grounds because their student visas had allegedly expired due to them missing classes.

They were arrested on the 19th April 2013 and questioned by investigators for forty-eight hours before it was revealed they finally confessed. There statements were written for them by investigators, read back to them and they were asked to sign. When asked if they understood the gravity of the situation their only documented reply was 'yes'.

At yesterday's arraignment, the lawyer representing Tazhayakov made a telling yet worrisome statement to the waiting media, which was documented in the Boston Globe.
Nicholas Wooldridge, an attorney for Tazhayakov, said the case is weak and based on interviews conducted by FBI officials that were never recorded.
Never recorded.

Interviews that are 'never recorded' should never be permissible as evidence in any court of law. This amounts to nothing more than hearsay which of course, is not considered reliable evidence in court and is often refused and struck from the record. In a high-profile case such as this, it is almost inconceivable that this standard protocol was simply forgotten and questions may rightly be asked of the competence of investigating officials. 

However, the interviews were conducted by the FBI who have a complete non-recording policy. So rather than question their competency, the public are duly expected to believe that 302 reports (FBI summary of what is discussed in interview) are a genuine and accurate representation of the facts.

Lawyers for Kadyrbayev and Phillipos also made statements after yesterday's hearing.

Kadyrbayev's lawyer, Robert Stahl, said after the hearing that his client did not understand what he had done. "There was no criminal intent to obstruct justice, or to assist Dzhokhar in any way," 

Lawyers said in a statement that Phillipos "had nothing to do whatsoever with the Boston Marathon bombing or destroying any evidence afterwards ... in the end, it will be clear that this prosecution should never have been brought in the first place."


The circumstances under which the three friends confessed have been shrouded in secrecy, and the confessions themselves were obtained under questionable conditions. The statements purporting to be an accurate reflection of interviews were written by others and those very interviews were never documented. Each of the three friends faces many years in jail (20, 20 and 8 years respectively) and had been offered a plea deal, which they chose not to accept. Under the circumstances outlined above, it is pretty obvious to all why - they did not commit a crime in the first place other than one of teenage naivety and at points stupidity - which thankfully do not carry with them a prison sentence. 

We'd like to end by returning to fireworks. It's evident that  Dzhokhar Tsarnaev and many of his friends within their social group had been 'playing with fireworks' prior to the marathon bombings, not just the accused four. Is there anymore evidence to support this assertion?

Once again, there is.

More local newspaper reports
On the 21st April 2013 empty fireworks tubes were discovered in a Watertown clothes donation bin behind a food mart by the store's manager. The Boston Herald carried the story with a comment from the store's manager at the time.
The gutted fireworks shells found in a Watertown clothes-donation bin yesterday couldn’t have been left there by the Boston Marathon bombing suspects themselves, according to a manager for the charity. Planet Aid operations manager Michael Tambosi said the bin behind the Francis Food Mart on Belmont Street in Watertown was emptied at 5:20 a.m. Sunday — more than two full days after suspect Tamerlan Tsarnaev was killed in a gun battle with cops in Watertown early Friday.
So if the marathon bombers did not dispose of the fireworks there, who did? Robel Phillipos, Dias Kadyrbayev and Azamat Tazhayakov? 


No.

They have not been charged or even been questioned in relation to this finding. Authorities have made absolutely no attempt whatsoever to connect them to the disposal of these fireworks, which can only mean one thing - the person who did so had no connection to the Boston bombings and simply disposed of them in such a manner as they 'panicked' and did so 'without thinking' just as Dzhokhar Tsarnaev's friends claimed to have done so themselves. Coincidence?

...Or..

...Just kids playing with fireworks...'there was no intent to cause harm'...


Conclusion

Please feel free to draw your own conclusions, but the documented evidence as opposed to the 'never recorded evidence' really does seem to speak for itself. This has huge implications for the already wavering case against Dzhokhar Tsarnaev also. If the three friends are found not guilty of their alleged complicity in the marathon bombings (which they surely will be ) it must be accepted that they were simply playing with fireworks along with Tsarnaev himself, ergo the fireworks they disposed of could never have been used to construct the bomb that killed and injured so many - a fact already known to regular readers of this site.

The power of suggestion is a very powerful tool that has been used to promote many aspects of the Boston marathon bombings official narrative and the legal proceedings that have resulted because of it.

One must remember that that is all it is - a suggestion. Here we will provide you with the facts also, enabling you to reach a fair and balanced conclusion as to everything that occurred that day and everything that has taken place since.

Another comment from Woolridge's statement.

"This is a case where you have a government that has rushed into things,” he said. This is basically what the agents said to my clients"

Reasonable doubt?



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