Wednesday, February 04, 2015

Legal Railroad on Track For Surviving Boston Marathon Bomber

Just because we “know” someone is guilty, doesn’t mean a fair trial isn’t necessary. Precisely because the state is always “sure” the accused is guilty. It is to protect all of us from the state that fair trials for the “obviously guilty” are necessary.

But truly fair trials are a rarity in the U.S.

If a trial is a sham, then it is just a show trial.

That is the case in the “trial” currently unfolding for the surviving Boston Marathon bomber, Dzhokhar Tsarnaev.

The Federal judge in the case denied the defense’s request for a change of venue (moving the trial to another location). The judge speciously insists jurors in the Boston area, who have been subjected to years of agit-propaganda and demonization of Tsarnaev by the media, will be fair and impartial and unbiased.

That is positively absurd.

And two weeks before the trial began, the Federal prosecutors pulled a typically sleazy trick, handing the defense 2,000 pages of documents. Naturally, the defense asked for a delay to review the documents. The judge refused. As is usual in the U.S., the judge is an ally of the prosecutors.
No change of venue, no delay for defense to properly prepare.

Notice the U.S. courts allow the government to hold prisoners for many years without trying them when it wants. If the defense needs a delay in a political case, it’s denied.

Isn’t the government confident in its evidence? Why does it need to engineer an UNFAIR trial to guarantee a conviction?

And since the U.S. government is seeking the death penalty, only “death penalty qualified” jurors are allowed to be empaneled as jurors. That is, during the questioning of the jury pool, they are asked if they oppose the death penalty. Any who do are excluded. (The state of Massachusetts has no death penalty so probably most residents of the state oppose it. Therefore the jury will automatically be unrepresentative of the population. As this is a Federal trial of course Federal death penalty law applies.)

Pro-death penalty jurors have been proven by sociological research to be more pro-prosecution than other people- another built-in bias favoring the government.
One thing is sure- the FBI agent who executed  Ibragim Todashev will never be tried.

[On trial: Dzhokhar Tsarnaev. 20 years old now.  Boston Marathon bombing April 15, 2013. Three killed, about 200 wounded. Brother Tamerlan was 26 when he was gunned down in a hail of police bullets. (The police tried to execute Dzhokhar also, as he was hiding in a small boat in the backyard of a homeowner who reported him to police after they gave up looking. They pumped bullets into the boat, wounding him. The media falsely reported a “firefight.” Dzhokhar had no gun with him by then.)]

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