Media Wakes Up to Missing Docket Entries in Tsarnaev Case

By Jeralyn, Section Terror Trials
Posted on Thu Aug 01, 2013 at 06:46:09 PM EST
Tags: Dzhokhar Tsarnaev, Boston Marathon Bombings (all tags)

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I've complained a few times over the past months about the incomplete court docket in the Dzhokhar Tsarnaev case, suggesting that mainstream media should object. It's one thing to keep the contents of a motion or order sealed, it's another to keep secret the fact that a motion or order was filed. In May, there were 22 missing docket entries. The docket today shows more missing docket entries(and shows nothing has been filed since July 15.)

At last: A challenge from MA media:

GateHouse Media Inc., the parent company of several Massachusetts-based community newspapers — including The Herald News, the Patriot Ledger and the MetroWest Daily News — on Wednesday submitted a letter to federal district court objecting that the public docket maintained in the criminal case against Boston Marathon bombing suspect Dzhokhar Tsarnaev is missing entries.

I quoted the MA rules and posted a graphic showing the missing entries in May, along with a graphic of how it's typically done in cases in other districts -- including terrorism cases, here [More...].

I'd really like to cover Dzhokhar Tsarnaev's case but without even a reference to the title of sealed pleadings or acknowledgement sealed pleadings and orders have been filed, it's impossible.

I don't doubt that the parties have properly filed motions to seal with their pleadings, and the court is acting upon them on an individual basis, as required. Nor am I suggesting the court has improperly sealed documents. The complaint is with the lack of any reference on the docket to the fact that sealed motions have been filed and acted upon.

This is bad policy. I hope more media groups complain.

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Media Wakes Up to Missing Docket Entries in Tsarnaev Case | 14 comments (14 topical)

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Are you some kind of advertising troll ? (5.00 / 0) (#9)
by gbrbsb on Sun Aug 04, 2013 at 02:57:48 PM EST

You are using my exact words from a post but linking the acronyms to a sign up page for something to do with facebook and the other two to your own blogs one on how to get more facebook likes and another on health and dermatology.

I hope you do cover this case but... (none / 0) (#1)
by gbrbsb on Sun Aug 04, 2013 at 05:23:23 AM EST

from the comments posted, or lack thereof, it appears it's not gonna be a crowd puller, indeed it's pretty much done and dusted for most who have already judged him guilty and candidate par excellence for the death penalty. Certainly not a popular defence but imho it's the difficult and unpopular cases that test the system, so it could be a very interesting case, even an eye-opener, if truth and transparency prevail.

whether there are comments or not (none / 0) (#5)
by Jeralyn on Sun Aug 04, 2013 at 01:28:25 PM EST

does not affect what I write about. There are thousands of people who read the posts who don't comment here at all. I write about things that interest me and to express my point of view, if commenters aren't interested, they are free to pass over them and I don't mind a bit.


: This is an important case, Jeralyn (5.00 / 1) (#15)
by TycheSD on Sun Aug 04, 2013 at 10:36:51 PM EST

I hope you cover it. Your insights and comments are very informative.

: Thank you, and good to know so I can maybe (none / 0) (#8)
by gbrbsb on Sun Aug 04, 2013 at 02:42:40 PM EST

follow the case here if time and occupation permits.

Seems to me (none / 0) (#2)
by Mikado Cat on Sun Aug 04, 2013 at 08:23:57 AM EST

More than sufficient evidence to convict is known, so why the hidden stuff unless its more embarrassing to the fed etc. than it is material to Tsarnev?

: Ooops, just left you a reply which has not (none / 0) (#4)
by gbrbsb on Sun Aug 04, 2013 at 10:48:31 AM EST

slotted in as a reply but as a new comment.

As you say, it does appear there is more (none / 0) (#3)
by gbrbsb on Sun Aug 04, 2013 at 10:47:18 AM EST

than sufficient evidence to convict, but there are also worrying discrepancies, e.g. where is the gun he shot at the police with from the boat and with which he supposedly shot himself in the neck?

IDK and IMBW, but there are some things that IMO don't add up and I am NOT one given to conspiracies at all, and he has pleaded not guilty so he is not typical jihadist terrorist proclaiming he is at war with the west... unless of course that is still to come.

No one knows if Bruck got approved (none / 0) (#6)
by TycheSD on Sun Aug 04, 2013 at 01:57:22 PM EST

There was a motion to get David Bruck added as an expert on the death penalty, but we don't know if the judge approved it. At least I haven't heard, and I watch this case very closely. Judge Bowler had stated at the time when Bruck's appointment was initially requested that he could be added if Dzhokhar was indicted.

I read recently they have re-apllied for him (none / 0) (#10)
by gbrbsb on Sun Aug 04, 2013 at 02:58:52 PM EST

Yes, they resubmitted their request for Bruck (none / 0) (#14)
by TycheSD on Sun Aug 04, 2013 at 10:35:34 PM EST

But I haven't heard whether it was approved. He's teaching a day and a 1/2 class in Tokyo this month, so he can't be super-busy with the Tsarnaev case - if he's working on it.


: We'll just have to wait and see but I hope his... (none / 0) (#16)
by gbrbsb on Mon Aug 05, 2013 at 09:17:47 AM EST

defence will not be ruled by the unpopularity and apparent close and shut of the case that they only work to getting him off the death penalty and into life imprisonment without parole, (imo worse than death so I can't wish that on him either more especially at his young age), without putting up a proper defence if, as unlike most Jihadists, he continues with a not guilty plea.
Even a guilty pleading defendant must be entitled to a proper defence that tries to mitigate his actions, if true, surely?

I don't see (none / 0) (#11)
by Mikado Cat on Sun Aug 04, 2013 at 03:24:05 PM EST

a way to flag it as a spam post, but those links look like spam to me

: You can't, but just (none / 0) (#13)
by Zorba on Sun Aug 04, 2013 at 03:55:31 PM EST

Reply to the post with "Site Violator" in the subject line, and Jeralyn will eventually pick it up.