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Text messages show marathon bombing suspect joking

Text Messages Show Marathon Bombing Suspect Joking

AP Legal Affairs Writer

BOSTON (AP) -- Text messages show Boston Marathon bombing suspect Dzhokhar Tsarnaev joking with a friend not to text him hours after the FBI released Tsarnaev's photo as a suspect in the deadly attack.

Dias Kadyrbayev texted Tsarnaev shortly after the FBI publicly released photos of Tsarnaev and his brother as suspects in the deadly 2013 attack.

Tsarnaev responded that he had seen the news, then texted, "Better not text me my friend," then "Lol."

In another text, Tsarnaev told Kadyrbayev he could go to his room and "take what's there" followed by a smiley face.

Some of the messages had been released previously, but a complete transcript of Kadyrbayev's text messages in the days after the bombing was released by prosecutors Thursday.

Kadyrbayev and another friend, Azamat Tazhayakov, are accused of removing a backpack containing fireworks and a laptop from Tsarnaev's dorm room at the University of Massachusetts-Dartmouth several days after the bombings. A third friend, Robel Phillipos, is accused of lying to investigators.

None of the men are accused of participating in the bombing or knowing about it ahead of time.

Tazhayakov and Phillipos declined to testify this week during a hearing over statements they made under questioning by federal agents. U.S. District Court Judge Douglas Woodlock said Thursday he would not throw out their statements.

Kadyrbayev had been expected to testify Friday, but Woodlock said that will be postponed until after testimony from an expert witness.

The judge did not rule on Kadyrbayev's request to suppress statements he made to investigators; his suppression hearing is expected to resume in two weeks.

Prosecutors and the men's attorneys are arguing over whether the statements were voluntary and can be used as evidence in the upcoming trials. Prosecutors have said the men willingly spoke to federal agents after being told of their right to remain silent and to contact a lawyer. Kadyrbayev's lawyer, Robert Stahl, has argued that his client, who is from Kazakhstan, did not have a complete command of the English language and did not fully understand the waiver forms he signed.

Also on Thursday, prosecutors disclosed that a lawyer claiming to represent the friends called the state police barracks while they were being questioned, but the men were never told about the call.

In the court filing, prosecutors said a state trooper took a call from a man who identified himself as an attorney and said he didn't want the men answering any questions. The trooper said he told a federal agent about the call, a conversation Kadyrbayev's lawyer argues should have trigged "numerous legal consequences" that mean the statements should be suppressed.

The filing included an email exchange from Wednesday between the trooper and one of the agents who questioned Kadyrbayev. According to the trooper, the lawyer said he was contacted by the state's public defender agency and told to call the barracks.

The trooper said he "had no idea whether the caller was an actual attorney or some crackpot who was calling due to the media coverage."

The trooper said he told the attorney that one of the agents had just told him that Kadyrbayev, who was being questioned at the time, had been "cooperative and had agreed to speak with them of his own free will."

In their filing, prosecutors say agents involved in the questioning recalled being told of the conversation "after the defendants had made all the admissions they made that night regarding entering Tsarnaev's dorm room and removing items."

Two bombs placed near the finish line of the April 2013 marathon killed three people and injured more than 260. Tsarnaev has pleaded not guilty to 30 federal charges and is awaiting trial in November. His brother, Tamerlan Tsarnaev, also a suspect in the bombings, died following a shootout with police several days later.

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leoperdis May 16 2014 at 9:27 AM

To him it was all a joke , but he will be spending years upon years in prison. his mother will have died and he will just be an animal to have to feed everyday . For all of his laughing about this, he will start to wonder if it was worth it to throw his life away for it, and then his real suffering will begin because it will be done from the inside out and 24 hours a day.

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ram4131 May 16 2014 at 10:45 AM

Picture this scenario: My brother and I set off bombs at the Moscow marathon. My brother is killed and I'm captured. Would there be bleeding heart Russian ACLU equivalents rushing to my defense? HELL NO !! If I survived the AK rounds I'd be thrown into a gulag somewhere or hung by my ankles in Red Square. You lawyers must make your profession (sic) proud trying to get evidence thrown out because these pukes "didn't understand their rights". Need a wake up call? Spend some time with the victims.

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Ken May 16 2014 at 10:51 AM

most of the anti american/anticonstitution comments on here are likely from paid trolls trying to use our emotions to cloud our judgement, (a few may just be the sheep going along with it) ....

Due Process DOES NOT PROTECT THE GUILTY .... IT PROTECTS THE INNOCENT. if there was no trial, no due process, anyone even accused or suspected could be executed. anyone making a claim against another person would be taken as final and the accused would be executed if enough people were clamoring for blood.

LISTEN TO YOURSELVES!!!!!!!!! you are destroying america with your fear based ignorance. we dont need anyone to bomb us, just your sniveling and rhetoric will take down america. WAKE UP

"Those who give up liberty for security, deserve neither and will lose both liberty and security." --Ben Franklin

"America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves." - Abraham Lincoln

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1 reply
ram4131 Ken May 16 2014 at 11:05 AM

You're right. Give him an extremely long and taxpayer financed trial, then the ever popular appeals process, then execute the gutless prick. P.S. Your quotes from Franklin and Lincoln apply to liberty and freedom of people who fought FOR this country. Now go ahead and write your check to the Tsarnaev defense fund and enjoy your rights.

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1 reply
Ken ram4131 May 16 2014 at 11:15 AM

no it is not just for the citizens, it must be for anyone here. you do not understand history. you are arguing from ignorance. i am not saying the system isnt broken. it is. i am saying summary executions only hurt ourselves in the long run.

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rcalley1 May 16 2014 at 11:10 AM

This terrorist needs to die by public hanging at the finish line of the Boston Marthon! It should be excuted immediately!!!!!!!!!!!!!!!

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3 replies
ram4131 May 16 2014 at 11:28 AM

Atta boy Ken.............Are you getting the attention you so crave?

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Phyllis May 16 2014 at 11:31 AM

Why is he here? How is he attending college, with n o job, where is his financial source? Why are these extremist allowed in this country and make our lives miserable or in fear. We could never go to another country and have laws changed to suit the need of an American, when in there countries we have to follow their rules (muslim) We need to stop allowing every reject in the borders of the USA. As for the bomber, do away with him and fast, why waste tax payers money defending this scum, that has killed and destroyed our way of life in Boston, New York, Penn.

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twalsh4440 May 16 2014 at 11:34 AM

If we would havwe eradicated the Muslim religion long ago all Boston people and 9 11 victims would be alive but NO Obama kisses their


Gitmo prisoners should have been executed then we could close the facility

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1 reply
sef69 twalsh4440 May 16 2014 at 11:36 AM

They have been around forever.....lets just off this on for a start

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sef69 May 16 2014 at 11:35 AM

Please kill this prick asap...he deserves no special treatment and should be in general population......Dont want to hear all the anti caps whining.....die a horrible death....

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Tigger's Daddy. May 16 2014 at 11:36 AM

Wortless pos . Stupid ass group of young girls who think he is innocent because he is cute to them. Put those morons to death too.

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2 replies
Ashleigh Tigger's Daddy. May 16 2014 at 12:10 PM

He's really, really unattractive!...except maybe to a Glock round.

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Ed Tigger's Daddy. May 16 2014 at 12:14 PM

We are talking Cambridge, MA. home of the liberal left-wing commies. Most of these young girls have already been brainwashed by socialist controlled teachers.

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stoph241 May 16 2014 at 11:43 AM

I think he should be executed and his body should be dumped on the front door of the hole his mother lives in! Dig up his brother and dump him there too! As much as I think an easy death is too good for this savage, I don't think the tax payers should foot the bill for this animal to live out his days in prison and probably continue his free education.

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1 reply
world news only stoph241 May 16 2014 at 12:39 PM

Geez! Did you come from the Arabian Desert? A manhole over there in no man's land? You sound pretty savage to me yourself. Anger like this is why we have courts instead of the "lynching law"!! It will be a crap yes that we have to feed and house him for maybe 50 or 60 years, but we follow the law.

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