Gelzinis: Dzhokhar’s pal lost in translation
Boston Herald | August 22, 2014
GUILTY: Dias Kadyrbayev, a college friend of Boston Marathon bombing suspect Dzhokhar Tsarnaev, with his defense attorney Robert Stahl at his left, pleads guilty yesterday before Judge Douglas P. Woodlock for impeding the investigation into the deadly attack.
Dias Kadyrbayev came to court yesterday flanked by his lawyer and his translator, a woman who looked a lot like my third-grade teacher.
She planted herself by Kadyrbayev’s left shoulder and only sprung into action on those occasions when the 20-year-old Kazakh’s brow wrinkled, or U.S. District Court Judge Douglas P. Woodlock would ask, “Do you understand me?”
The kid nodded politely, answered, “Yes sir,” and “No sir,” but never once, “I understand, your Honor.”
This bit of lost in translation became all the more curious when Assistant U.S. Attorney Stephanie Seigmann rose to read six pages of stipulated facts about Dias’ role in trying to get rid of evidence that allegedly ties his UMass Dartmouth buddy, Dzhokhar Tsarnaev, to the marathon bombings.
The most chilling part, the one without a trace of an accent, was the fateful text exchange Dias had with Tsarnaev on Thursday, April 18, 2013, the night he saw his friend in those pictures the FBI flashed around the world. There was nothing “foreign” about it.
“Yo, bro, u saw the news?” Dias asks.
“Yea bro, I did,” Tsarnaev responds.
“For real?” texts Dias
“I saw the news,” Tsarnaev replies, then follows it up with a warning, “Better not text my friend.”
Though Dzhokhar tries to lighten things up with a quick “LOL,” Dias asks, “U saw yourself in there?” meaning strolling with backpacks among all those unsuspecting strangers on Boylston Street.
Dias then adds, “ahaha…hahaha.”
What kind of virtual laugh do you suppose that was? As it turns out, it became Dias Kadrybayev’s entry into a situation that would have him copping a plea to obstruction of justice. He would find himself up to his ears in a vicious terrorist incident.
When the brief courtroom proceeding was over, Kadrybayev’s lawyer, Robert Stahl, told reporters that he was convinced his client had no role in the planning of the bombing, or that his friends might be involved.
That might well be true. But when it comes to this horrific act, joining in the cover-up is just as bad. I rode the elevator down yesterday with a sergeant from the Somerville Police Department, a woman who politely declined to say anything beyond, “I needed to be here.”
This cop came to court yesterday to see a kid admit that he obstructed the justice that might well have prevented the murder of MIT police Officer Sean Collier, who had just learned he was going to join the Somerville police.
That text conversation, which is bound to play a role in Dzhokhar’s upcoming trial, ends with Tsarnaev telling Dias “If yu want yu can go to my room and take what’s there…” He ends with “Salam aleikum.”
Dias responds with: “what’s wrong with u?
He should have taken that question to the police.
Boston Marathon bombing: Dias Kadyrbayev guilty of obstructing justice
Prosecutors to ask for seven years or less, but judge will review deal
Associated Press | Aug 21, 2014
Attorney Robert Stahl speaks to media outside federal court in Boston, after his client, Dias Kadyrbayev, pleaded guilty to impeding the investigation into the deadly attack in April 2013. (The Associated Press)
A friend of Boston Marathon bombing suspect Dzhokhar Tsarnaev pleaded guilty Thursday to impeding the investigation by removing incriminating evidence from Tsarnaev’s dormitory room several days after the deadly attack.
Dias Kadyrbayev, 20, admitted in federal court that he removed Tsarnaev’s laptop computer and a backpack containing fireworks that had been emptied of their explosive powder from Tsarnaev’s room.
Twin bombs placed near the finish line of the 2013 marathon killed three people and injured more than 260.
Under a plea agreement, federal prosecutors said they would ask for no more than seven years in prison. The agreement allows his lawyer to argue for a lesser sentence. The Kazakhstan-born Kadyrbayev also agreed not to fight deportation after he completes his prison sentence.
Judge will review plea agreement
U.S. District Judge Douglas Woodlock set sentencing for Nov. 18 but did not immediately accept the plea agreement, saying he first wanted to review a report that will be prepared by the probation department.
Kadyrbayev’s decision to plead guilty came just two weeks before he was scheduled to go on trial and a month after his friend and co-conspirator, Azamat Tazhayakov, was convicted of identical charges by a jury.
During Tazhayakov’s trial, prosecutors described Kadyrbayev as the leader in the decision to remove the items, but said Tazhayakov agreed with the plan. They said Kadyrbayev was the one who threw away the backpack and fireworks, which were later recovered in a landfill.
Kadyrbayev’s lawyer, Robert Stahl, said his client made a "terrible error in judgment that he’s paying for dearly."
Stahl emphasized that Kadyrbayev — a native of Kazakhstan who came to the U.S. in 2011 on a student visa — "had absolutely no knowledge" that Tsarnaev and his brother, Tamerlan Tsarnaev, were planning to bomb the marathon and was "shocked and horrified" when he learned they were suspects.
He said Kadyrbayev, who was 19 at the time, "now understands he never should have gone to that dorm room, and he never should have taken any items from that room."
Backpack, laptop taken from dorm room
His plea agreement with prosecutors does not make any mention of him agreeing to testify against a third friend who was also charged. Robel Phillipos is accused of lying to investigators about being present when Kadyrbayev took the items from Tsarnaev’s room. Phillipos is scheduled to go on trial next month.
The backpack, fireworks and laptop were taken from Tsarnaev’s room hours after the FBI publicly released photographs and videos of Tsarnaev and his brother as suspects in the bombing.
Prosecutors said Kadyrbayev exchanged text messages with Tsarnaev after seeing the photos, and Tsarnaev told him he could go to his dorm room and "take what’s there."
Prosecutors said the fireworks had been emptied of explosive powder that can be used to make bombs.
Tamerlan Tsarnaev was killed in a shootout with police several days after the bombings. Dzhokhar Tsarnaev has pleaded not guilty to 30 federal charges and faces the possibility of the death penalty if convicted. His trial is scheduled to begin in November.
Dzhokhar Tsarnaev’s College Friend Pleads Guilty
If a judge accepts the agreement, Dias Kadyrbayev, facing obstruction charges for disposing of Tsarnaev’s backpack after the Marathon bombings, will serve a maximum of seven years.
Boston Daily | August 22, 2014
In a major turnaround, Dzhokhar Tsarnaev’s college friend Dias Kadyrbayev pleaded guilty to charges he obstructed the investigation into the Boston Marathon bombings in a court hearing on Thursday.
Wearing a blue shirt and jeans, 20-year-old Kadyrbayev admitted he knew Tsarnaev was a bombing suspect when he went into Tsarnaev’s UMass Dartmouth dorm room and took his laptop and a backpack containing fireworks, Vaseline, and a thumb drive, and then threw the backpack into a dumpster. His guilty plea is the result of an agreement worked out between prosecutors and the defense, whereby Kadyrbayev will only serve a maximum of seven years instead of the potential 25 if found guilty. Judge Douglas Woodlock must still approve the plea agreement for the deal to move forward.
The prosecution said it took 25 agents two days to search through a landfill to find the backpack, and once they did, the items and the backpack had been altered.
“Is it all true?” Woodlock asked.
“Yes,” said Kadyrbayev, with his head down.
He stood solemnly when entering his guilty plea, a shift from his typically jovial mood—he started the hearing by flashing his attorney Robert Stahl a toothy grin. Despite the serious nature of his charges, Kadyrbayev comes off as a bit of a class clown. He has already taken the stand in attempt to suppress statements he made to the FBI on the grounds that he did not understand his Miranda rights. Expert witnesses argued that his reliance on slang masked his inability to comprehend complex phrases. Back in June, his first word to the court was, “Sup?”
Stahl later told reporters that Kadyrbayev has spent the past year alone in his cell, reflecting on his actions. “He understands he should not have gone to that room,” he said. “He did not do so out of malice.” None of the Tsarnaev’s friends facing charges are accused of knowing about the bombing beforehand.
Kadyrbayev’s plea is just the latest in a series of legal happenings stemming from Tsarnaevs associates, coming just a month after his friend and co-conspirator Azamat Tazhayakov was found guilty of obstruction after agreeing with Kadyrbayev to remove and throw out Tsarnaev’s backpack. He could face up to 25 years.
Tazhayakov and Kadyrbayev are both from Kazakhstan. They became friends with Tsarnaev in 2011 during their first semester at UMass because they all spoke Russian and, according to friends’ testimonies, bonded over an interest in video games and weed. In an opening statement, Myers argued that they originally went to Tsarnaev’s room get his marijuana.
Missing from the courtroom yesterday was Robel Phillipos, another friend of Tsarnaev’s who allegedly was in the dorm room when Kadyrbayev and Tazhayakov took the backpack. Phillipos is not facing charges of obstructing justice but is facing one count of lying to the FBI. His trial is set for next month.
Phillipos grew up in the same Cambridge apartment complex as Stephen Silva, who was arrested last month for selling heroin and for possessing a firearm with an obliterated serial number in February 2013. The Ruger model P95 is believed to be the same gun the Tsarnaevs allegedly used to shoot and kill MIT officer Sean Collier.
“He basically let him use it but having no idea what he was going to do with it, and next thing you know, he’s a terrorist,” said a friend of Silva’s who asked not to be named.
Silva was friends with Dzhokhar and has an identical twin Steven Silva, who was reportedly even closer to the Tsarnaevs. Stephen Silva was arrested in November 2013 and told law enforcement, “I smoke weed because my friend is the bomber.” Silva’s friends tell Boston magazine Silva grew increasingly depressed after the bombing. His next court hearing is set for October.
Two additional Tsarnaev friends, Khairullozhon Matanov and Konstantin Morozov, were detained in separate incidents on May 30 of this year. Matanov is charged with three counts of lying to federal authorities and two counts of obstructing justice. His trial is set for June 2015.
Morozov was detained on immigration charges. His attorney Carlos Estrada says Morozov was applying for asylum and was detained after FBI agents asked him to become an informant. Morozov refused.
Tsarnaev’s capital case is set to start in November. The emerging theme from the testimony and documents of Tsarnaev’s associates’ cases is the younger Tsarnaev’s cool demeanor in the days after the bombings. In a video released in Tazhayakov’s trial, Tsarnaev appears to smile nonchalantly on the way to the gym, just a day after the bombings.
Legal analyst Tom Hoopes discusses Kadyrbayev plea
7News Boston WHDH-TV | Aug 21, 2014
BOSTON (WHDH) – Dias Kadyrbayev, a friend of accused Boston Marathon bomber Dzhokhar Tsarnaev, pleaded guilty to obstruction of justice and conspiracy charges Thursday.
Legal analyst Tom Hoopes weighed in on the hearing. He said the outcome of the Azamat Tazhayakov’s trial likely influenced Kadyrbayev’s plea.
"I think probably if they tried this case, exactly the same thing was likely to happen, at least that’s what the defendant and his lawyer thought. The prosecution was going to call all kinds of witnesses and this defendant wasn’t going to have anybody to call, and in this environment, the jury was probably going to find him guilty, and as a result of all that, he was going to do a longer sentence," he said.
Guilty plea opens evidence vs. Tsarnaev
Experts: Prosecutors must prove conspiracy
Boston Herald | August 22, 2014
Evidence dug up as part of yesterday’s guilty plea by a former college roommate of Dzhokhar Tsarnaev could be used against the accused Boston Marathon bomber if prosecutors can show they were part of a conspiracy to thwart investigators, according to legal experts.
“If people are considered co-conspirators, anything one says can possibly be used in the case of another,” said Peter Elikann, a Boston criminal defense attorney. “If these guys were doing anything to help Dzhokhar out, and he knew about it, they would be considered co-conspirators since they worked together to achieve a goal — to get rid of the evidence.”
Dias Kadyrbayev, 20, pleaded guilty yesterday in federal court to charges that he hindered the investigation into the deadly 2013 bombings. He could spend up to seven years behind bars if Judge Douglas Woodlock approves the agreed-upon plea.
As part of his plea, Kadyrbayev admitted to a series of facts, including a text exchange with Tsarnaev that occurred after the attacks.
One comment could show that Kadyrbayev and pal Azamat Tazhayakov conspired with Tsarnaev to hide a backpack and laptop that were key aspects of the obstruction charge Kadyrbayev admitted to.
“If yu want yu can go to my room and take what’s there (SIC),” Tsarnaev texted Kadyrbayev, after it became clear that Tsarnaev was involved in the twin bombings that killed three and injured more than 260.
The statement, which was made before Kadyrbayev and Tazhayakov raided Tsarnaev’s University of Massachusetts Dartmouth dorm room, could show that they were in a conspiracy to obstruct the investigation. If prosecutors prove the conspiracy, Tsarnaev’s words could be used against him as a co-conspirator, even if he isn’t indicted as one, according to an expert.
“As long as the government can establish someone is a co-conspirator in the charged conspiracy, they don’t have to be indicted,” said Brad Bailey, a criminal defense attorney and former federal prosecutor. “It is sufficient to label someone an unindicted co-conspirator. However, the government still must prove the existence of the conspiracy charged and that the unindicted co-conspirator was part of it.”
Tazhayakov was found guilty of obstruction and conspiracy charges last month. He faces up to 25 years in federal prison when he’s sentenced Oct. 16. Kadyrbayev is set to be sentenced Nov. 18.
A third friend, Robel Phillipos, is charged with lying to investigators.