Boston Marathon Bombing Tsarnaev trial a guess on what the prosecution will push and what sidestep

February 4, 2015

This is just a guess on what the prosecution will try to emphasize in the trial of Dzhokhar Tsarnaev and what it will try to sidestep.

What is the strongest evidence of guilt of the Tsarnaev brothers? The chase. If there is a dramatic chase, that is the evidence of guilt that the cops jump on like a cat. So does the media.

The chase means that the public will fill in the gaps in favor of the government.  It even goes further, to make those who fill in a gap against the government seem like lunatics.

The prosecution could go in chronological order, possibly even starting back in Central Asia with the Tsarnaev family.  This, however, would emphasize the intelligence game aspect of the case.  That opens the door to conspiracy theories because intelligence services lie and do bad things, even the CIA.  So it is best not to start there.

The prosecution can start with the chase since some of the counts against Tsarnaev are crimes during the chase.  The hijack of the SUV is a dramatic starting point of a definite crime.  Video of the Tsarnaevs forcing the victim to withdraw money from an ATM would be an excellent place to start.  This is definite evidence of a crime and is on film.  If the Tsarnaevs still have the money, they can match the serial numbers of what they have to what the machine recorded.  The testimony of the victim, if he is sure of the identification of the Tsarnaevs then cinches it up.

After that comes the Tsarnaev brothers flight after the carjack victim escaped or was let go.  Then comes the shootout in Watertown.  Here the prosecution can emphasize the use of IEDs and fireworks by the Tsarnaev brothers.  Those can then tie into the Boston Marathon Bombing itself.  But here they can present eye and ear witnesses of their being used by the brothers at the SUV location that they stole.  This ties everything together.

The IEDs can be linked to the purchases of the Tsarnaev brothers and what was recovered from the landfill, dorm room, and the two cars.  That also brings in the coverup by the Tsarnaevs telling their co-Moslems from Central Asia to dispose of the evidence.  That includes the laptop and any jihad or bombmaking downloads on them.

Tsarnaev’s gun can presumably be linked to the shooting of the MIT cop by ballistics.  They will also want to link that to the shot in the mouth that Dzhokhar Tsarnaev took.  If they recovered a bullet and it matches the Tsarnaev gun that shows a suicide attempt by Dzhokhar.  Tamerlan they will say committed suicide by walking into a hail of police gunfire.

These dual suicide attempts will be touted as showing consciousness of guilt.

They can then tie in some photos of the Tsarnaevs hanging around the Boston Marathon with backpacks on and tag the original bombing to them.  Their chase after being identified then proves consciousness of guilt of having done the original Boston Marathon Bombing.

All the other charges are then consequential from these and follow from legal argument.  There may be some possession of weapons charges to add as icing on the cake.  Stephen Silva who says he gave them the gun is part of this.

So what do they avoid?  The following represents what they may fear or what their critics may think of.

  1. The sophistication of the bomb.
  2. That both bombs went off while in other cases, such home made IEDs have failed.
  3. Whether it was really black powder from fireworks.  Does black powder have sufficient explosive force for what was observed at the Boston Marathaon?
  4. The NSA surveillance of the Tsarnaevs and other Chechens and others in the Boston area.
  5. That they got the id of the Tsarnaevs from NSA data not from hunting through a pile of photos and piecing it together.
  6. That they had FBI in Cambridge waiting for the Tsarnaevs or observing them..
  7. That the MIT officer was between two buildings in a strange place for the Tsarnaevs to be going.
  8. Not taking the MIT officer’s gun.
  9. Varying descriptions of the SUV hijackers as Hispanics and mis-identification in other incidents that night like the 7-11 robbery.
  10. Chatter on the police scanner that contradicts the final version of the DOJ and FBI.
  11. That the backpacks the Tsarnaevs were wearing don’t match the photos of the backpack remains or their description as black in the indictment.
  12. That the FBI likely lied about having a video of Tsarnaev putting the backpack down to cover up that they used NSA data to identify him.
  13. That the FBI and DOJ from their first news conference were planning to lie to the jury and public and conceal the NSA data and to construct a false narrative of the investigation to present in court as perjured testimony.
  14. That they got stuck in this and never got out of it.
  15. That they have withheld info from the defense, public, prosecutor, judge and even many investigators.
  16. That they had much more in warnings from Russia.
  17. Any warning they had from the British.
  18. Anything related to the Harvard and MIT economics departments and IMF loans to Russia that Russia used kompromat to get.
  19. Berezovsky.
  20. The death of Berezovsky the preceding month.
  21. Heightened NSA and other surveillance of Chechens in the Boston area based on British information or that of others.
  22. The linkage of Berezovsky to kompromat against Harvard and MIT economics depts and HBS.
  23. The location of prof homes to the paths of the Tsarnaevs.
  24. The reason for the Boston shutdown to protect these targets.
  25. That the reason they pretended not to know who Tsarnaevs were was to set up a chase situation because they actually could not prove they did the Boston bombing.
  26. That it was the FBI ploy that led to the death of the MIT cop and other injuries and events in the chase.
  27. That the FBI showed consciousness of not having a case against the Tsarnaevs and basing their suspicion on NSA data and lying about it.
  28. That the FBI planned to lie all the way to the Supreme Court about what happened and deceive Congressional investigations and any commission, including walking out, refusing to answer questions, withholding documents, and perjury before the courts, Congress and any commission.
  29. That the Watertown shootout was highly chaotic and the eye and ear witnesses can’t really tie the use of IEDs to the Tsarnaev brothers as opposed to the cops or FBI.
  30. That the witnesses don’t know who was shooting.
  31. That the FBI and police shot hundreds of rounds into the boat when Tsarnaev was unarmed thus proving their claim to know what happened in the Watertown shootout is baseless. They are guessing on what happened.
  32. That most of the FBI and DOJ case depends on the chase at night and the FBI and DOJ guessed wrong on what happened repeatedly and this is documented on the police scanner, reports, etc.
  33. That the FBI, DOJ, CIA and NSA have repeatedly stonewalled all parties and that they planned from the beginning to lie to everyone.
  34. That the FBI, DOJ, CIA and NSA have done fake internal investigations of what went wrong and produced false and perjurious reports they intend to cow the public, judge, Congress and defense into silence.
  35. That FBI, DOJ, CIA and NSA formed a conspiracy immediately after the Boston bombing to rig the evidence, to lie, to suppress evidence and deceive the public, judge, jury and Congress.
  36. That they are still following this plan.
  37. That they are trying to cherry pick bits of evidence that have psychological weight and avoid admitting the truth of the investigation.
  38. That they killed Tamerlan Tsarnaev while unarmed and lied about his cause of death. That the doctor contradicts them.
  39. That they shot unarmed Dzhokhar while falsely claiming he was armed and shooting back with an arsenal. This proves they either didn’t know what was happening that night so they have no evidence of that night or they deliberately tried to kill Dzhokhar as part of a conspiracy to get them to run and then kill them.
  40. That the MIT cop was killed as a consequence of their conspiracy to cover up NSA data by stimulating the chase and that this was a criminal conspiracy that involved obstruction of justice, perjury and lying to Congress as part of the plan before the chase started.
  41. That the CIA and DOJ were engaged in a conspiracy to cover up their use of torture and crimes against humanity and had kept warnings from the Boston PD and Boston FBI office as part of their conspiracy to evade prosecution for torture and crimes against humanity.
  42. That they were willing to lie and allow people to be killed to evade prosecution for torture and crimes against humanity.
  43. That they are still lying, committing perjury, withholding evidence, obstructing justice and Congress as part of their conspiracy to evade prosecution for torture and crimes against humanity.
  44. That DOJ, FBI, CIA, NSA are criminally liable for the Boston Marathon and MIT cop death as consequential events of their criminal conspiracy to evade prosecution for torture and crimes against humanity by allowing a Moslem terrorist event to succeed in the United States.
  45. That killing innocent life was part of the original plan and that they planned to kill the terrorists and any bystanders during the chase part.
  46. That they executed this plan with creating the chase when they knew who the Tsarnaevs were and where they lived.
  47. That they may have also done things like schedule a drill with backpacks at the Boston Marathon to help any terrorist event.
  48. That they had prior knowledge of preparation by the Tsarnaevs from NSA and other surveillance as well as warnings in detail from Russia and possibly the UK.
  49. That they withheld this knowledge while knowing of the scheduled drill with many men wearing backpacks as part of the drill at the Boston Marathon.
  50. That they knew this would let the Tsarnaevs or anyone else have a chance to plant backpack bombs.

The above is, of course, what the critics may say and not necessarily what a court will ultimately decide if it ever hears evidence of these matters.

This is draft and preliminary. The above is hypotheses and speculation. Comments and corrections welcome. Please restate as questions. All other disclaimers apply.

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