Text messages show marathon bombing suspect joking


Text Messages Show Marathon Bombing Suspect Joking

By DENISE LAVOIE
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."

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Text messages show marathon bombing suspect joking
BOSTON - APRIL 15: Police officers with their guns drawn hear the second explosion down the street. The first explosion knocked down 78-year-old US marathon runner Bill Iffrig at the finish line of the 117th Boston Marathon. (Photo by John Tlumacki/The Boston Globe via Getty Images)
Suspects wanted for questioning in relation to the Boston Marathon bombing April 15, later identified as Dzhokhar (L) and Tamerlan Tsarnaev, are seen in handout photo released through the FBI website, April 18, 2013. REUTERS/FBI/Handout (UNITED STATES - Tags: CRIME LAW TPX IMAGES OF THE DAY) ATTENTION EDITORS - FOR EDITORIAL USE ONLY. NOT FOR SALE FOR MARKETING OR ADVERTISING CAMPAIGNS. THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. IT IS DISTRIBUTED, EXACTLY AS RECEIVED BY REUTERS, AS A SERVICE TO CLIENTS
BOSTON - APRIL 15: Two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. (Photo by David L. Ryan/The Boston Globe via Getty Images)
WATERTOWN, MA - JUNE 27: A formal appreciation for the first responders who took part in the capture of the Boston Marathon bombing suspects was held tonight at the Perkins School for the Blind. Watertown resident David Henneberry, the man who found the suspect hiding in his boat in his backyard, waves and acknowledges the applause after he was introduced in the audience from the podium. (Photo by Jim Davis/The Boston Globe via Getty Images)
BOSTON - APRIL 15: (EDITOR'S NOTE: THIS IMAGE CONTAINS GRAPHIC CONTENT) Destruction and injured people at the site of the one of the explosions that went off near the finish line of the 117th Boston Marathon. Barricades hindered the EMS from getting to the injured. (Photo by John Tlumacki/The Boston Globe via Getty Images)
Dzhokhar Tsarnaev, 19, suspect #2 in the Boston Marathon explosion is pictured in this undated FBI handout photo. Police on April 19, 2013 killed one suspect in the Boston Marathon bombing during a shootout and mounted a house-to-house search for a second man in the suburb of Watertown, Massachusetts. REUTERS/FBI/Handout (UNITED STATES - Tags: DISASTER CRIME LAW TPX IMAGES OF THE DAY) THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. IT IS DISTRIBUTED, EXACTLY AS RECEIVED BY REUTERS, AS A SERVICE TO CLIENTS. FOR EDITORIAL USE ONLY. NOT FOR SALE FOR MARKETING OR ADVERTISING CAMPAIGNS
ALLSTON, MA - APRIL 14: Tamerlan Tsarnaev during his practice at the Wai Kru Mixed Martial Arts on April 14, 2009 near Boston, Massachusetts. Three spectators were killed and more than two hundred sixty injured when two bombs exploded on Marathon Monday, which prompted a massive manhunt for suspects later identified as Tamerlan and Dzhokhar Tsarnaev, two brothers from Chechnya, living in Cambridge, Massachusetts. Tamerlan Tsarnaev was killed during the shootout, Dzhokhar Tsarnaev was found later the same day hiding in a boat nearby. (Photo by Thomas Brown/Getty Images)
BOSTON - APRIL 15: A second explosion goes off near the finish line of the 117th Boston Marathon on April 15, 2013. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON, MA - APRIL 15: A man is loaded into an ambulance after he was injured by one of two bombs exploded during the 117th Boston Marathon near Copley Square on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Jim Rogash/Getty Images)
A man identified by authorities as Dzhokhar Tsarnaev, a suspect in the Boston Marathon bombings, is seen in this undated still image taken from surveillance video made available by the Boston Regional Intelligence Center. REUTERS/BRIC/Handout (UNITED STATES - Tags: CRIME LAW) FOR EDITORIAL USE ONLY. NOT FOR SALE FOR MARKETING OR ADVERTISING CAMPAIGNS. THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. IT IS DISTRIBUTED, EXACTLY AS RECEIVED BY REUTERS, AS A SERVICE TO CLIENTS
Runner John Ounao crying when he finds friends after several explosions rocked the finish of the Boston Marathon in Boston, Massachusetts, on April 15, 2013. At least two people were killed and 22 wounded when two explosions struck near the finish line of the Boston Marathon, sparking scenes of panic, police said. The streets were littered with debris and blood and paramedics raced off with stretchers as police locked down the area, witness said. TV footage showed an explosion sending up a white plume of smoke along the sidelines of the race. AFP PHOTO/John MOTTERN (Photo credit should read JOHN MOTTERN/AFP/Getty Images)
BOSTON - APRIL 15: Two officials run away from the first explosion, right, on Boylston Street at the 177th Boston Marathon, April 15, 2013. (Photo by John Tlumacki/The Boston Globe via Getty Images)
First responders load injured people into an ambulance where two explosions occurred along the final stretch of the Boston Marathon on Boylston Street in Boston, Massachusetts, U.S., on Monday, April 15, 2013. Two powerful explosions rocked the finish line area of the Boston Marathon near Copley Square and police said many people were injured. Photographer: Kelvin Ma/Bloomberg via Getty Images
Runners and spectators flee from the scene where two explosions occurred along the final stretch of the Boston Marathon on Boylston Street in Boston, Massachusetts, U.S., on Monday, April 15, 2013. Two powerful explosions rocked the finish line area of the Boston Marathon near Copley Square and police said many people were injured. Photographer: Kelvin Ma/Bloomberg via Getty Images
BOSTON, MA - APRIL 15: A runner reacts near Kenmore Square after two bombs exploded during the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Alex Trautwig/Getty Images)
BOSTON - APRIL 15: Boston Police struggle to remove barricades to reach victims of the first explosion that went off near the finish line of the 117th Boston Marathon,. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: A person who was injured in the first explosion is wheeled across the finish line of the Boston Marathon. (Photo by John Tlumacki/The Boston Globe via Getty Images)
A man looks out of his window in Cambridge, Massachusetts April 19, 2013. Police killed one suspect in the Boston Marathon bombing, Tamerlan Tsarneav, in a shootout and mounted house-to-house searches for the second man, his brother Dzhokar Tsarnaev, on Friday, with much of the city under virtual lockdown after a bloody night of shooting and explosions in the streets. REUTERS/Shannon Stapleton (UNITED STATES - Tags: CRIME LAW CIVIL UNREST)
BOSTON - APRIL 15: (EDITOR'S NOTE: THIS IMAGE CONTAINS GRAPHIC CONTENT) A person who was injured in an explosion near the finish line of the 117th Boston Marathon is taken away from the scene on a stretcher. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON, MA - APRIL 15: A runner sits near Kenmore Square after two bombs exploded during the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Alex Trautwig/Getty Images)
Trash is strewn on the street near the finish line of the Boston Marathon where several explosions rocked the event April 15, 2013 in Boston, Massachusetts. At least two people were killed and 22 wounded when two explosions struck near the finish line of the Boston Marathon, sparking scenes of panic, police said. The streets were littered with debris and blood and paramedics raced off with stretchers as police locked down the area, witness said. TV footage showed an explosion sending up a white plume of smoke along the sidelines of the race. AFP PHOTO/John MOTTERN (Photo credit should read JOHN MOTTERN/AFP/Getty Images)
BOSTON, MA - APRIL 15: A swat team arrives at the corner of Stuart Street and Dartmouth Street after two explosive devices detonated at the finish line of the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Darren McCollester/Getty Images)
BOSTON - APRIL 16: Newspapers are on sale at a stand on Newbury Street on April 16, 2013 in Boston, Massachusetts. Security is especially tight in the city of Boston after two explosions went off near the finish of the Marathon, killing three people and injuring at least 141 others. (Photo by Darren McCollester/Getty Images)
BOSTON, MA - NOVEMBER 02: Jonny Gomes #5 of the Boston Red Sox lays the World Series trophy and the 'Boston Strong 617' jersey onto the finish line of the Boston Marathon on Boylston Street during the World Series victory parade on November 2, 2013 in Boston, Massachusetts. (Photo by Jared Wickerham/Getty Images)
BOSTON - MARCH 15: A bagpiper wears a Boston Strong jersey during the St. Patrick's Day Parade in the South Boston neighborhood on March 15, 2015. (Photo by Jessica Rinaldi/The Boston Globe via Getty Images)
SWAT teams enter a suburban neighborhood to search an apartment for the remaining suspect in the Boston Marathon bombings in Watertown, Massachusetts April 19, 2013. Two Boston bomb suspects were named as brothers, Dzhokhar A. Tsarnaev, 19, and his brother Tamerlan Tsarnaev, 26, a U.S. national security official said on Friday. The official said the older brother died in a shootout with police and the younger one was being sought in a house-to-house search for in the Boston suburb of Watertown. REUTERS/Jessica Rinaldi (UNITED STATES - Tags: CIVIL UNREST CRIME LAW)
A member of the SWAT team trains a gun on an apartment building during a search for the remaining suspect in the Boston Marathon bombings in Watertown, Massachusetts April 19, 2013. Two Boston bomb suspects were named as brothers, Dzhokhar A. Tsarnaev, 19, and his brother Tamerlan Tsarnaev, 26, a U.S. national security official said on Friday. The official said the older brother died in a shootout with police and the younger one was being sought in a house-to-house search for in the Boston suburb of Watertown. REUTERS/Jessica Rinaldi (UNITED STATES - Tags: CIVIL UNREST CRIME LAW)
WATERTOWN, MA - OCTOBER 10: David and Beth Henneberry were photographed at their home in Watertown, Mass. on Thursday, October 10, 2013. Boston Marathon bombing suspect Dzhokhar Tsarnaev was captured hiding inside Henneberry's boat. The boat trailer behind them is a new trailer for the new boat Henneberry uses. (Photo by Yoon S. Byun/The Boston Globe via Getty Images)
WATERTOWN, MA - APRIL 17: A new boat is sits in David Henneberry's driveway in Watertown, Mass. (Photo by Jessica Rinaldi/The Boston Globe via Getty Images)
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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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