Boston Bombings: Charges, Affidavit And Hearing Transcript

Tuesday, 23 April 2013, 1:08 pm
Article: The Scoop Team

Dzhokhar Tsarnaev, the surviving suspect in the Boston Marathon bombings, has been charged with using and conspiring to use a weapon of mass destruction and malicious destruction of property by means of an explosive device resulting in death. [Commentary on the 'weapon of mass destruction' definition at Wired.com.]

Below are the charges against Tsarnaev, including an FBI affidavit, and a transcript of the bedside court session held at Beth Israel Deaconess Medical Center on April 22nd.

"This affidavit is submitted in support of an application for a complaint charging DZHOKHAR A. TSARNAEV of Cambridge, Massachusetts ("DZHOKHAR TSARNAEV") with using a weapon of mass destruction against persons and property at the Boston Marathon on April 15, 2013, resulting in death. More specifically, I submit this affidavit in support of an application for a complaint charging DZHOKHAR TSARNAEV with (1) unlawfully using and conspiring to use a weapon of mass destruction (namely, an improvised explosive device) against persons and property within the United States used in interstate and foreign commerce and in an activity that affects interstate and foreign commerce, which offense and its results affected interstate and foreign commerce (including, but not limited to, the Boston Marathon, private businesses in Eastern Massachusetts, and the City of Boston itself), resulting in death, in violation of 18 U.S.C. s2332a; and (2) maliciously damaging and destroying, by means of an explosive, real and personal property used in interstate and foreign commerce and in an activity affecting interstate and foreign commerce, resulting in personal injury and death, in violation of 18 U.S.C. s844(i)."

Full document: tsarnaevaffidavit.pdf

Boston Bombing Suspect’s Bedside Hearing
Via The New York Times

THE COURT: I will ask the doctor whether or not the patient is alert.
You can rouse him.

DR. ODOM: How are you feeling?
Are you able to answer some questions?

THE DEFENDANT: (Defendant nods affirmatively.)

THE CLERK: United States District Court for the District of Massachusetts is now in session, the Honorable Marianne B. Bowler presiding.
Today is Monday, April 22, 2013. The case of U.S. v. Tsarnaev, Magistrate Judge No. 13-2106, will now be heard.
Will counsel please identify themselves for the record.

MR. WEINREB: Good morning, your Honor. William Weinreb for the United States.

MR. FICK: Good morning, your Honor. William Fick for Mr. Tsarnaev.

THE COURT: And you have had an opportunity to speak with him?

MR. FICK: Very briefly, your Honor.

THE COURT: So you have your lawyers here.

THE DEFENDANT: (Defendant nods affirmatively.)

THE COURT:

Mr. Tsarnaev, I am Magistrate Judge Bowler. This hearing is your initial appearance before the Court. We are here because you have been charged in a federal criminal complaint.
At this hearing, I will advise you of your constitutional and legal rights. I will tell you about the charges against you and the penalties that the Court could impose if you are found guilty.
You have been charged with (1): Use of a weapon of mass destruction, in violation of 18, United States Code, Section 2332a(a); and malicious destruction of property resulting in death, in violation of 18, United States Code, Section 844(i).
Mr. Weinreb, what are the maximum penalties?

MR. WEINREB: Your Honor, the maximum penalty on each count is death, or imprisonment for any term of years, or life.

THE COURT: Is there a fine?

MR. WEINREB: A fine of up to $250,000.

THE COURT: I will tell you about your right to counsel, and I will consider conditions of release pending further court proceedings; that is, whether or not you should be detained and what amount of bail should be set.

Full document: tsarnaevbedsideinterview.pdf

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