DZHOKHAR TSARNAEV HABEAS CORPUS PRESENTED BEFORE BOSTON CHIEF JUDGE PATTI B. SARIS

[AXJ USA]

DZHOKHAR TSARNAEV HABEAS CORPUS PRESENTED BEFORE BOSTON CHIEF JUDGE PATTI B. SARIS

We are studying all the evidence and cannot see where it adds up.

 

We have AXJ Boston Members stating that the street address was wrong and did not correspond with the Marathon. Boston was locked down and isolated.

 

First the Authorities were going to announce they had one suspect in custody, then it was two brothers.

One was arrested but the other one ran over him, fire arms and bombs everywhere, and finally the second suspect was found hiding in a boat. But there was no blood anywhere when they uncovered the tarp. The blood appears outside the boat after he was arrested?

Was he shot at that time?

No videos of the actual arrest. Helicopter footage that is not complete. Interrogatories in the hospital without an Attorney being present so is null and void. Violation of Constitutional rights. No complaint filed. No video of the suspects planting the bombs.

 

INTRODUCTION

Habeas corpus (/ˈheɪbiəs ˈkɔrpəs/, Latin for "you [shall] have the body") is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

United States law affords persons the right to petition the federal courts for a writ of habeas corpus. Habeas corpus petitions are generally filed as pro se cases, and the government (state or federal) is usually ordered by the court to respond. Individual states also afford persons the ability to petition their own state court systems for habeas corpus pursuant to their respective constitutions and laws when held or sentenced by state authorities.

The federal habeas statute that resulted, with substantial amendments, is now at 28 U.S.C. § 2241

BEFORE THE COURT                                              CASE NUMBER: 13-2106-MBB

Hon. Chief Judge Patti B. Saris

Born 1951 in Boston, MA

Federal Judicial Service

Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
Telephone: [phone]

Judge, U. S. District Court, District of Massachusetts, Chief Judge, 2013 - Present. Nominated by William J. Clinton on October 27, 1993, to a seat vacated by Walter Jay Skinner; Confirmed by the Senate on November 20, 1993, and received commission on November 24, 1993. U.S. Magistrate Judge, U.S. District Court for the District of Massachusetts, 1986-1989 Education Radcliffe College, B.A., 1973 Harvard Law School, J.D., 1976

Staff : Chambers Judicial Assistant Marie Losco Clerk’s Office Courtroom Clerk Maryellen Molloy 617-748-9175 [e-mail] Docket Clerk Jennifer Anderson 617-748-9178 [e-mail] Court Reporter Lee Marzilli 617-345-6787  

US District Court
1 Courthouse Way
Boston, MA 02210
[phone]
uscourts.gov

The Chapter in Boston of the international civil and political rights organization known as Actions for Justice ( AXJ ), comes before the Court of competent jurisdiction in the city of Boston, MA 02215, on behalf of Mr. Dzhokhar Tsarnaev, presently in police custody at:

Beth Israel Deaconess Medical Center
Boston, Massachusetts
Harvard Medical School
Address: 330 Brookline Ave,
Boston, MA 02215 Phone: [phone]

And invoking Article One, Section 9, clause 2 of the US Constitution, and 28 U.S.C. § 2241, presents this Writ of Habeas Corpus based on the following facts:

1.) On or about the date of April 21, 2013, Mr. Daniel R. Genck, Special Agent, FBI, presumably presented a Criminal Complaint and Sworn Affidavit accusing Mr. Dzhokhar Tsarnaev of committing the following crimes: USE OF A WEAPON OF MASS DESTRUCTION, and MALICIOUS DESTRUCTION OF PROPERTY RESULTING IN DEATH.

See: http://cache.boston.com/bonzai-fba/Original_PDF/2013/04/22/criminal...

2.) Mr. Tsarnaev is in serious medical condition and is in no way mentally capable of waiving any Constitutional rights including his right to a detention hearing.

Emailed to Clerk on April 22, 2013

Dzhokhar Tsarnaev, Marathon bombing suspect, charged in federal court with using a weapon of mass destruction

04/22/2013 5:10 PM

By John R. Ellement, Milton J. Valencia and Martin Finucane, Globe Staff

Boston Marathon bombing suspect Dzhokhar Tsarnaev was charged today with using a weapon of mass destruction and malicious destruction of property resulting in death for the April 15 attacks that ripped through a crowd at the finish line of the world-renowned race.

Tsarnaev’s initial court appearance was conducted today by a federal magistrate judge in his hospital room, said Gary H. Wente, circuit executive for the federal courts in the First Circuit. Tsarnaev was obviously in serious condition but was able to respond to inquiries, nodding or mouthing yes or no, according to a person familiar with the proceedings in the hospital room.

The charges carry the possibility of the death penalty or life in prison for the 19-year-old man, who is in serious condition at Beth Israel Deaconess Medical Center after suffering multiple gunshot wounds before his capture by police on Friday.

The federal public defender’s office has been assigned to the case. Miriam Conrad, the chief public defender, had no comment.

The chames came a week to the day after two powerful explosions exploded at the Marathon finish line, killing three people, injuring more than 170, and leaving a region on edge.

“Although our investigation is ongoing, today’s charges bring a successful end to a tragic week for the city of Boston and for our country,” said Attorney General Eric Holder. “We’ve once again shown that those who target innocent Americans and attempt to terrorize our cities will not escape from justice. We will hold those who are responsible for these heinous acts accountable to the fullest extent of the law.”

Tsarnaev waived his right to a detention hearing. His next hearing will be May 30, court officials said.

An affidavit filed in support of the charges by FBI Special Agent Daniel R. Genck the case provided a new window into the case — and the evidence law enforcement has collected connecting Tsarnaev to the deadly bombs that ripped through the happy crowds on the Marathon finish line, killing three and injuring more than 170.

The affidavit said that, based on reviews of surveillance video, and photos and videos provided by the public, Tsarnaev stood for four minutes next to a bomb he had placed on the ground in front of the Forum Restaurant on Boylston Street.

He had a cellphone in his hand and appeared to take a photograph of the bomb on the sidewalk before he walked away, the affidavit said.

“Approximately 30 seconds before the first explosion, he lifts his phone to his ear as if he is speaking on his cellphone, and keeps it there for approximately 18 seconds. A few seconds after he finishes the call, the large crowd of people around him can be seen reacting to the first explosion,’’ Genck wrote.

“Virtually every head turns to the east (toward the finish line) and stares in that direction in apparent bewilderment and alarm. Bomber Two, virtually alone among the individuals in front of the restaurant, appears calm. He glances to the east and then calmly but rapidly begins moving west, away from the direction of the finish line.’’

Genck added: “He walks away without his knapsack, having left it on the ground where he had been standing. Approximately, 10 second later, an explosion occurs in the location where Bomber Two had placed his knapsack.’’

The affidavits also revealed that the FBI searched Tsarnaev’s dorm room at the University of Massachusetts Dartmouth Sunday and found “a large pyrotechnic, a black jacket and white hat of the same general appearance as those worn by Bomber Two at the Boston Marathon.’’

When he was captured in Watertown Friday night, Tsarnaev had his UMass-Dartmouth student ID card on him along with credit cards and other forms of IDs, the affidavit said.

The sworn statement by the agent also said that Tsarnaev had been shot multiple times when he was captured.

“He had visible injuries including apparent gunshot wounds to the head, neck, legs and hand,” Genck wrote.

The new developments came after the White House said that Tsarnaev would be tried in the federal court system.

Speaking at a media briefing in Washington, spokesman Jay Carney said Tsarnaev would not be tried as an enemy combatant.

“He will not be treated as an enemy combatant. We will process this terrorist through our system of justice,” he said.

Pointing to other terrorists who have been tried and convicted in federal court, he said, “The system has repeatedly proven that it can successfully handle the threat that we continue to face.”

He also said that US citizens cannot be tried before military commissions. Tsarnaev is a naturalized US citizen. He was sworn in as a citizen in September.

Tsarnaev’s brother, Tamerlan Tsarnaev, who authorities believe conspired with him, died after a gun battle early Friday with police in Watertown. Dzhokhar Tsarnaev, who fled from the battle and eluded a daylong manhunt, was spotted by a vigilant resident and captured Friday evening after a standoff in Watertown.

Russian authorities warned the FBI in early 2011 that Tamerlan Tsarnaev may have been a follower of “radical Islam,” but the agency has said it investigated and “did not find any terrorism activity.”

Carney defended the FBI today, citing the FBI’s statement and saying “they investigated it thoroughly and did not find terror activity, domestic or foreign.”

But he also noted that President Obama has “called for answers to a number of questions” about the case.

The Tsarnaev brothers also killed MIT Police Officer Sean Collier and wounded MBTA Transit Police Officer Richard Donohue Jr., authorities say.

Donohue is breathing on his own now after a breathing tube was removed, and he called for his wife today, a law enforcement source said.

Source: http://www.boston.com/metrodesk/2013/04/22/white-house-dzhokhar-tsa...