Boston Bombing News: SAMS, Motion to Dismiss & Autopsy Photos:
We are already aware that at Dzhokhar’s Tsarnaev’s next status conference, on 16th. April, the SAMs and the motion to dismiss charges filed by the defense, are issues to be resolved. I believe that we can confidently add a third item, that being the prosecution’s attempt to prevent DT from personally viewing all the autopsy photographs relating to the victims of the Marathon bombing, to the list of issues likely to be discussed at this hearing.
The SAMs have already been much debated on these threads in recent weeks. For that reason, I am only going to mention them briefly here. Please be aware that this is in no way an attempt to minimize this issue. The SAMs are a huge issue and it is my belief that they are being misused in this case, as, it would seem, in most cases where they are imposed. As most here, I believe that the government’s reasons for their imposition, in the case of DT, are, in fact, bogus. We can but hope that Judge O’Toole will have justice, the U.S Constitution and some common sense in mind, on 16th. April, and that he will rule to revoke these measures.
The motion filed by DT’s defense to dismiss surplus counts of the indictment, does, to me, make sense. At the time of the indictment I was actually stunned that the government had managed to come up with so many charges, even in light of the seriousness of the crimes of which DT is accused. Many of the charges do appear to duplicate each other. As the defense have alleged, I can also see that such numerous charges might prejudice a jury in favor of the death penalty. All that being said, I must admit to being in possession of limited legal knowledge and would welcome the input of those more knowledgeable on this issue. The motion to dismiss surplus counts of the indictment can be found here: (Thanks Josephina.)
Lastly, on 17th. March, the government filed a protective order. That document can be viewed here:
Is this, as the government attempts to suggest, an expression of “respect” for the victims of the Marathon bombing, or, is the intention behind the filing of this document, something quite different? My belief is that it is the latter. Omramzey’s suggestion, on Woodybox’s last thread, that this may be a preemptive move, on the part of the government, to block DT’s access to info on the Todashev case, is, to me, an interesting one. The government have already shown a disinclination to provide DT’s defense with anything related to Todashev or the Waltham murders. See article published on 23rd. October, 2013., here:
As we have noted previously on these threads, the government’s/prosecution’s attempts to deny DT’s attorneys access to information necessary in order for them to mount an effective defense for their client continues. Why?