Mr. Tsarnaev also asked the agents several times about his brother... It is apparent the agents falsely told him Tamerlan was alive. One of Mr. Tsarnaev's notes reads, "Is my brother alive I know you said he is are you lying Is he alive? One person can tell you that." Exhibit 55. Another asked: "Is he alive, show me the news. Whats today? Where is he?" "Where is my bro?"
"Can I sleep? Can you not handcuff my right arm?"
"You said you were gonna let me sleep. I need to throw up"
"His pen or pencil then trails off the page suggesting he fell asleep, lost motor control or passed out" "At least 5 other times in these pages, he begged the agents to leave him alone and to let him sleep. "I'm hurt." "I'm exhausted." "Can we do this later?"
In all, he wrote the word 'lawyer' ten times, sometimes circling it.
The notes contain repeated requests to be allowed to rest and for a lawyer.
According to FBI report, .....(he) "asked to speak to a lawyer on multiple occasions." Jahar was told he first needed to answer questions to ensure the public safety was no longer in danger from other individuals, devices, or otherwise.
"The public safety exception to Miranda does not apply to involuntary statements."
Excerpted from the full Court Filing from Conrad:
Motion to Suppress Statements 5/7/2014 (#295)
The agents did not tell Tsarnaev of his brother's death, or the manner of that death, to spare him emotional trauma.
"They took steps to increase his comfort, such as removing his handcuff every time they entered the room, adjusting his pillows as needed, and summoning nurses for him at his request."
Tsarnaev never dozed or drifted off during the interview; whenever agents believed he was growing tired, they ceased questioning him, and advised him to rest or sleep.
They were polite and spoke quietly. They did not deprive him...of adequate rest.
They wore plain clothes...
Although the police did not ...accommodate his repeated requests for a "Human Rights" lawyer (or any lawyer) the Supreme Court has ruled that such omissions are not coercive.
Excerpted from the full Court Filing from Ortiz:
Government's Opposition to Defendent's Motion to Suppress Statements 5/21/2014 (#319)