Boston Marathon Aftermath Case:
Dias Kadyrbayev Pre-Trial Hearings
May 14-15, 2014 in Boston Federal Court
Defense Attorney Robert G. Stahl
Attorney Robert G. Stahl for Dias Kadyrbayev speaks to the press
outside Boston Federal Court after pre-trial hearings seeking to suppress
evidence and statements Kadyrbayev allegedly gave federal authorities.
"It's starting to come out, the true evidence of what he went through
those two days last April," Robert G. Stahl, attorney for Dias Kadyrbayev
tells reporters after the first day of suppression hearings in Boston Federal Court.
Read the USA Today report (above right ) via the Minneapolis Star-Tribune
"He was a witness you kept restrained and handcuffed?’ asked Robert G. Stahl, Kadyrbayev's attorney.
Robert G. Stahl cross-examined an FBI special agent who testified that Dias Kadyrbayev and co-defendant and fellow Kazakh exchange student Azamat Tazhayakov were handcuffed and shirtless for approximately 12 hours on April 19, 2013 after being ordered out of their off-campus New Bedford apartment.
Each image (above) links to a Boston Herald report.
Pre-trial decisions during four-plus days of Boston Federal Court hearings by U.S. District Judge Douglas Woodlock in May and June 2014 included a ruling to sever the trials of Dias Kadyrbayev, Azamat Tazhayakov, and Robel Phillipos.
The college students had been charged together in an indictment containing allegations of obstruction, and making false statements in connection with the Boston Marathon aftermath. Now each will have a separate trial.
Robert G. Stahl, of the New York and New Jersey Stahl Criminal Defense Lawyers represents Dias Kadyrbayev, an exchange student from Kazakhstan who attended the University of Massachusetts at Dartmouth. The trial is set for September 8th before Judge Woodlock and a federal jury.
Kadyrbayev was the lone defendant permitted to advance his Motions to Suppress Statements and Searches by agreeing unequivocally to Judge Woodlock that he would testify and be cross-examined by the Government on the motions. Kadyrbayev's co-defendants did not agree to the same arrangement and their motions to suppress statements and searches were dismissed.
Since Kadyrbayev agreed to testify and be cross-examined on the motions, attorney Stahl was permitted by the Court to cross-examine federal agents. Kadyrbayev's appearance on the stand was delayed for two weeks to allow a forensic linguistic expert to return to the U.S. and also testify.
Testimony by the expert and Kadyrbayev is expected to center on his English skills at the time of interrogation, his inability to understand his Miranda rights; and the facts and circumstances surrounding his two days of detention and questioning after the bombing.
In denying defense Motions for Change of Venue, Judge Woodlock said that he believed that a fair and impartial jury could be impaneled in Boston, but that as a precaution, he was prepared to move the trial to western Massachusetts, the federal courthouse in Springfield, some 70 miles west of Boston should we not be able to find qualified jurors in Boston.
The court also denied a motion to dismiss the charges, stating that it favored allowing a jury to decide the issues.
Kadyrbayev's hearing is scheduled to continue on June 2nd and 3rd when a forensic linguistics expert, who was unavailable in May will have returned to the U.S. to testify for the defense.
"The issue is the voluntariness - whether Dias understood what was going on,
whether there was a knowing, intelligent and voluntary waiver of his
his constitutional rights,' attorney Robert Stahl said outside the courthouse."
Attorney Robert G. Stahl talks to reporters on the steps of the Boston Federal Courthouse after the second day of hearings in pre-trial motions for Dias Kadyrbayev, an exchange college student from Kazakhstan charged with obstruction in the Boston Marathon aftermath.
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