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TSARNAEV Initial Appearance

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 UNITED STATES ATTORNEY’S OFFICE (By AUSA William Weinreb and AUSA Aloke S.  Chakravarty) 1 Courthouse Way, Suite 9000, Boston, Massachusetts   02210, on behalf of the United States of America

OFFICE OF THE FEDERAL PUBLIC DEFENDER, (By Miriam Conrad, Esq. , William Fick, Esq. , and Timothy Watkins, Esq. ) 51 Sleeper Street, 5th Floor, Boston, Massachusetts   02210, on behalf of the Defendant

Beth Israel Deconess Medical Center

330 Brookline Avenue

Boston, Massachusetts 02125

  James P.  Gibbons, RPR,RMR Official Court Reporter

1 Courthouse Way, Suite 7205

Boston, Massachusetts   02210


 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.

This is not a trial, and you will not be called upon to answer the charges at this time.

If at any time I say something you do not understand, interrupt me and say so; is that clear?

THE DEFENDANT: (Defendant nods affirmatively. )

THE COURT: All right.   I note that the defendant has nodded affirmatively. 

As a first step in this hearing, I am going to tell you about your constitutional rights.

You have the right under the Constitution of the United States to remain silent.   Any statement made by you may be used against you in court, and you have the right not to have your own words used against you.

You may consult with an attorney prior to any questioning, and you may have the attorney present during questioning.

Counsel will be appointed without charge if you cannot afford counsel.

If you choose to make a statement or to answer questions without the assistance of counsel, you may stop answering at any time.

This right means you do not have to answer any questions put to you by law enforcement agents or by the Assistant United States Attorney, Mr.  Weinreb.

I want to make it clear.   You are not prohibited from making statements, but that if you do, they can be used against you.   You are not required to make a statement at this initial appearance, and any statement you do make may be used against you.

Finally, if I ask you any questions here in this hearing or at any future hearing which you think might incriminate you, you have the right not to answer.

Do you understand everything I have said about your right to remain silent?

THE DEFENDANT:   (Defendant nods affirmatively. )

THE COURT:   Again I note that the defendant has nodded affirmatively.

As I said earlier, you have the right to retain counsel, to be represented by counsel, and to have the assistance of counsel at every critical stage of these proceedings.

You have the right to an attorney at this initial appearance, during any questioning, at any lineup, and at all proceedings in court.

You also have the right to have this Court assign counsel if you cannot afford counsel or if you cannot obtain counsel.

Can you afford a lawyer?


THE COURT:   Let the record reflect that I believe the defendant has said, “No.

I have provisionally appointed the federal defender, Mr.  Fick, to represent you in this matter.   At some time he will give you a financial affidavit to fill out.  The  information you put in the affidavit regarding your financial assets will assist me in determining whether or not you are eligible for the appointment of counsel.   I remind you that the affidavit is filed under the pains and penalties of perjury, which means that if the information you put in the affidavit is false, you could be prosecuted for perjury and, if convicted, be subject to a fine of up to  $250,000 and/or five years in jail.

 In addition, if there is any change in your financial status, you have an obligation to inform the Court.

Ordinarily, I would be asking the bail question.

MR.  FICK: I am going to defer that question at this time, your Honor, and agree to voluntary detention without prejudice.

THE COURT:   All right.

For the record, what is the government moving for?

MR.  WEINREB: Your Honor, the government moves for the defendant to be detained pending trial pursuant to

3142(f)(1)(A), on the grounds that this is a crime of violence; 3142(f)(1)(B), on the grounds that this is a crime that carries a maximum sentence of life or death; and under 3142(f)(2)(A), on the grounds that the defendant is a risk  of flight; and 3142(f)(2)(B), on the grounds that the defendant may intimidate witnesses if released.

THE COURT:   All right.  I note that the defendant has entered into a period of voluntary detention without prejudice.

 Do counsel want to be heard on any other matters?

MR.  WEINREB: No, your Honor.

MR.  FICK: No, your Honor.

THE COURT:   At this time, at the conclusion of the initial appearance, I find that the defendant is alert, mentally competent, and lucid.   He is aware of the nature of the proceedings.

All right, we stand in recess.  (Pause in proceedings. )

THE CLERK:   Resuming on the record Magistrate Judge

No.  13-2016, U. S.  v.  Tsarnaev.

THE COURT:  The defendant is now remanded from the custody of the agents present to the United States Marshals Service.

MS.  CONRAD: Your Honor, may I just inquire about access to counsel?

MR.  WEINREB:  Your Honor, the government has no objection to the defendant having access to his counsel, consistent with whatever the Marshals and —

THE COURT:   And consistent with hospital regulation hours and that sort of thing.

MS.  CONRAD: Right.   Well, we can talk off the record about how we can arrange that.

Thank you.

MR.  CHAKRAVARTY: So there is no next date scheduled in the case?

THE COURT:   A probable cause hearing? Off the record.

(Discussion between the Court and counsel off the record. )

THE COURT:   By agreement of counsel, Mr.  Garvin?

THE CLERK:   How about the 30th of May in the morning, 10 a. m?

MR.  WEINREB:  That’s fine.

 MR.  WATKINS:  That’s fine.

MR.  FICK:  That’s fine.

THE COURT:   And I note that this delay is occasioned by agreement of counsel.

All right.


(Proceedings adjourned. )




I, James P.  Gibbons, Official Court Reporter for the United States District Court for the District of Massachusetts, do hereby certify that the foregoing pages are a true and accurate transcription of my shorthand notes taken in the aforementioned matter to the best of my skill and ability.


/s/James P. Gibbons             April 22, 2013


James P.  Gibbons

JAMES P.  GIBBONS, CSR, RPR, RMR Official Court Reporter

1 Courthouse Way, Suite 7205

Boston, Massachusetts 02210

jmsgibbons@yahoo. com

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