February 10, 2015

Tsarnaev trial: Report from jury selection (part 2)

Filed under: law & crime by Victoria Liberty @ 11:43 pm

Moakley Courthouse

It’s looking like jury selection in the Dzhokhar Tsarnaev trial might, possibly, be nearing an end. Opening arguments were tentatively expected on February 17th, but with the “Snowpocalypse” continuing to bombard Boston, the trial will likely start a bit later. I figured this would be a good time to give a recap of the goings-on so far. After over 1,300 prospective jurors filled out questionnaires in the beginning of January, those who passed the initial screening have been called back to court over the past few weeks to be questioned individually.

I’ve been able to attend bits and pieces of this individual questioning (voir dire), not in person but instead watching from an overflow courtroom via video feed. The only people permitted in the courtroom, besides the participants of course, are two pool reporters at a time. Judge George O’Toole made this decision to make it easier to keep jurors’ personal details and private discussions, well, private. As voir dire drags on, the media presence at the courthouse has dwindled, and the public overflow room has been very sparsely attended. Watching the video feed is certainly not the same as being in the courtroom, and at the beginning it had some technical glitches involving lapses in video, audio, or both, but it’s better than nothing.

Continue reading…

January 11, 2015

Tsarnaev trial: report from jury selection

Filed under: law & crime by Victoria Liberty @ 8:24 pm

Moakley Courthouse

Jury selection in the trial of Dzhokhar Tsarnaev began this past week. Over 1,200 potential jurors (the most for any trial in the history of Massachusetts federal court) were summoned to court over the course of Monday, Tuesday, and Wednesday. In groups of approximately 200, at 9:00 and 1:00 each day, they were called to the jury assembly room, where Judge George O’Toole gave introductory remarks and sent them off to fill out detailed questionnaires.

Continue reading…

December 18, 2014

Tsarnaev in court for final pre-trial hearing

Filed under: law & crime by Victoria Liberty @ 3:56 pm

Dzhokhar Tsarnaev

Today, for the first time in nearly a year and a half, alleged Boston Marathon bomber Dzhokhar Tsarnaev appeared in court. A final pre-trial hearing before Tsarnaev’s January 5, 2015 trial took place this morning in courtroom 9 of the Moakley Federal Courthouse.

Tsarnaev arrived at the courthouse around 6:15 as part of a small motorcade of police vehicles with sirens and flashing lights. There was a heavy police presence around the building, and news trucks lined the streets. The courtroom, unsurprisingly, was packed with journalists and onlookers eager to witness Tsarnaev’s long-awaited public appearance. Journalists were allowed to enter the courtroom at 9:30 (only one from each media outlet), followed by the general public. Members of the media filled much of the left and middle sections of benches, while the right side was reserved for defense team members (the first two rows) and the general public (the third through sixth rows). At least two bombing victims – Marc Fucarile and Karen Brassard – were in attendance. So were U.S Attorney Carmen Ortiz and Watertown Police Chief Ed Deveau.

Continue reading…

November 26, 2014

Blocking roads does not equal free speech

Filed under: culture & social issues,law & crime by Victoria Liberty @ 11:16 pm

Ferguson, Day 4, Photo 32.png
Ferguson, Day 4, Photo 32” by LoavesofbreadOwn work. Licensed under CC BY-SA 4.0 via Wikimedia Commons.

In the midst of the protests about the Ferguson grand jury decision, Boston.com came out with an article titled, “When it Comes to #Ferguson, Lots of People Think Their Commute Trumps Free Speech.” Protesters around the country decided, among other things, to block highways. Protesters in Boston, for example, led by the organization Black Lives Matter, blocked the Mass Ave. connector, and police decided to shut down access to the Mass Pike and I-93. Understandably, many people were upset about this. Contrary to what the article and its title suggest, I think these people have a point. The question is not whether commuting trumps free speech, but whether the right of people to use a road trumps the “right” of other people to physically block the road so that no one can use it. In my opinion, it does. Yes, everyone has the right to free speech, but blocking a road goes beyond speech and interferes with the rights of others. No matter what you think about the events in Ferguson and the grand jury’s decision, it’s not okay to express your opinion in a way that harms innocent people. It is not okay to destroy cars, buildings, or property as some protesters have done, nor is it okay to violate people’s right to travel on public roads.

Another thing that’s important to remember about the Ferguson case: contrary to what so many people seem to think, we shouldn’t make it about race. Everyone should agree that it’s wrong for cops to kill innocent people, regardless of the race of the people involved. Police brutality can happen with white cops and black victims, with black cops and white victims, or any combination of races. I don’t have enough information to know for sure whether Officer Darren Wilson’s shooting of Michael Brown was self-defense, murder, or something in between. We shouldn’t jump to conclusions about what happened based on the fact that the cop is white and the young man who died was black. Instead of “Black Lives Matter,” why not “All Lives Matter”? Why not hold protests and demonstrations about police brutality and civil rights in general? Instead of limiting outrage to one race, why not fight for freedom for everyone?

November 12, 2014

Dzhokhar Tsarnaev status conference summary

Filed under: law & crime by Victoria Liberty @ 11:16 pm

Dzhokhar Tsarnaev

Today another status conference took place in the Dzhokhar Tsarnaev case. The topics of discussion included ongoing discovery disputes, leaks to the media, whether the defense team should be required to disclose their list of potential witnesses, and the timeline and logistics for the trial.

Representing the defense team were Judy Clarke, William Fick, and Timothy Watkins. As usual, Tsarnaev himself was not present in court. Representing the prosecution team were Assistant U.S. Attorneys Nadine Pellegrini, William Weinreb, Aloke Chakravarty, and the newest addition to the team, Steven Mellin.

Before the hearing began (at 10:00 sharp), there was a lot of chatting and joking around between the prosecutors and law enforcement officials in the gallery. The court clerk had to remind everyone to take their seats and quiet down.

Continue reading…

October 31, 2014

In honor of Domestic Violence Awareness month

Filed under: culture & social issues,law & crime by Victoria Liberty @ 6:35 pm

Purple ribbon

Today is not just Halloween, but also the last day of Domestic Violence and Sexual Assault Awareness Month. One thing that far too many people are unaware of is the fact that domestic violence and sexual assault are crimes that can happen to people of either gender, and can be perpetrated by people of either gender. Portraying these crimes only as crimes that men commit against women is anti-feminist and reinforces the stereotype of women as victims and men as aggressors. To counter this stereotype and to do my part in raising awareness, below is a list of cases that I have seen in the news over the past year that involve domestic violence or sexual assault committed by women against men. They include a wide range of crimes, involving people of all different backgrounds. All suspects are, of course, presumed innocent unless and until convicted.

Continue reading…

October 20, 2014

Dzhokhar Tsarnaev case: the shortest status conference ever

Filed under: law & crime by Victoria Liberty @ 9:38 pm

Dzhokhar Tsarnaev

Today another status conference took place in the Dzhokhar Tsarnaev case. This was the shortest and probably the least eventful status conference so far, beginning at 10:00 and ending by 10:15.

The Tsarnaev defense team was represented by Judy Clarke, David Bruck, and William Fick, and the prosecution by William Weinreb, Nadine Pellegrini, and Aloke Chakravarty. The two sides shook hands and chatted a bit before Judge George O’Toole took the bench. In the gallery were the usual media and law enforcement officials. Somewhat surprisingly, outside the courthouse were a handful of protesters holding signs criticizing the government’s prosecution of Tsarnaev and the shooting death of Ibragim Todashev at the hands of FBI agents. According to news reports, one of the protesters was Todashev’s mother-in-law. There was a larger than usual security presence, leading some to speculate that Tsarnaev himself might make a surprise appearance (he didn’t).

The status conference provided a few new details about the trial schedule and jury selection process. Witness lists will be due by December 15, the Monday before the final December 18 status conference. Unsurprisingly, the first week of the trial, which will begin on January 5th, will be “consumed with jury selection,” according to Judge O’Toole. No one will have to worry about calling witnesses until the next week or later. Jury selection will be, in Judge O’Toole’s words, a “rolling admissions policy.” Groups of potential jurors will come in and fill out questionnaires, some will advance to individual voir dire, some of these will be disqualified for cause or through the exercise of peremptory challenges, and once enough have made it through this step, they’ll be seated on the jury and the process will be done. Judge O’Toole said that the court will need at least 1000 people to fill out questionnaires. He predicted that about 10% of these will make it through to the individual voir dire stage, leaving a pool of 100 to be whittled down further through challenges for cause and peremptory challenges. When asked by Attorney Weinreb, Judge O’Toole mentioned that there’s a chance that jury selection will be delayed one day, to January 6th, if there are other jury trials beginning on the same day.

Additionally, Judge O’Toole decided to deny without prejudice the defense motion to suppress the statements that Tsarnaev made while being questioned by investigators at Beth Israel Hospital. The government is not planning to use these statements as evidence in its case in chief.

Finally, at the end of the hearing, Attorney Fick mentioned the recent Newsweek article by Michele McPhee about Tsarnaev’s family and the women in his life. He cited this as another example of the “troubling leak issue” that the defense team has complained to the court about before, and mentioned that the article cited “high-level law enforcement sources,” despite repeated warnings from the judge and U.S. Attorney against speaking to the press. He said that he plans to make an official submission to the court about this article in the near future. Judge O’Toole said that he hadn’t seen the article but would look into it.

The next status conference is scheduled for November 12th at 10:00. The parties will likely discuss the defense team’s motion to compel the prosecution to turn over documents related to the 2011 triple murder in Waltham and Tamerlan Tsarnaev’s suspected involvement in it.

Next Page