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ladyjeanne

DIAS KADYRBAYEV still at Brooklyn MDC no release date listed

ROBEL PHILLIPOS his attorneys said they will appeal. he was ordered to report to begin serving his sentence tomorrow, July 24

KHAIRULLOZHON MATANOV still not in the BoP locator system

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Tsarnaev lawyers don’t oppose motion for access to jury list

Lawyers for convicted Boston Marathon bomber Dzhokhar Tsarnaev said Tuesday that they do not oppose efforts by The Boston Globe to obtain the names of jurors who condemned their client to death.

In a brief court filing, attorneys for Tsarnaev, 22, wrote that the Globe’s motion for access to the jury list “correctly sets forth and applies the governing legal principles. Accordingly, defendant has no objection to the motion.”

Media outlets routinely seek interviews with jurors at the conclusion of high-profile trials. In a legal filing last month, lawyers for the Globe wrote that the “First Amendment provides a right of access to the jurors’ names and addresses.”

Attorneys for the newspaper also asserted that “the Supreme Court has recognized that the critical role performed by jurors in our criminal justice system requires that the public have a commensurate right to inform itself about the functioning of the jury system.”

It was not clear on Tuesday night when US District Court Judge George A. O’Toole Jr. will rule on the motion.

In the motion, the Globe attorneys wrote that district courts have briefly delayed public access to jury lists in the past to allow jurors to reflect on their experiences and resume their normal activities before their identities become public.

“The Globe respectfully submits that the twenty−eight days that have elapsed since the verdict was reached in this case strikes the appropriate balance between” jurors’ privacy interests and the significant public interest in the case, the motion said.

Tsarnaev, formally of Cambridge, was sentenced to death for his role in the April 15, 2013, bombings, which killed three people and wounded more than 260. He is currently being held in the country’s most strict and secure prison, known as Supermax, in Florence, Colo.

Most federal death row inmates are housed at a prison in Terre Haute, Ind., which the US Bureau of Prisons has designated as its facility for carrying out executions. But Tsarnaev is being held in Supermax, which also houses Zacarias Moussaoui, who helped plan the Sept. 11, 2001, terror attacks, for undisclosed security reasons. 

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yonglixx

Convicted Boston Marathon bomber Dzhokhar Tsarnaev is now at the supermax prison in Florence, Colorado, known as the “The Alcatraz of the Rockies,” according to the Federal Bureau of Prisons’ inmate tracker.

The facility, ADX, houses Unabomber Ted Kaczynski, shoe bomber Richard Reid, and 9/11 co-conspirator Zacarias Moussaoui.

Tsarnaev was moved to ADX from a high-security facility in the same complex. Eventually, Tsarnaev will be sent to prison in Terre Haute, Indiana, where federal death row inmates are executed.

Living quarters

The cells at ADX are about 87 square feet, according to Amnesty International, and the only furnishings are “a fixed bunk, desk and a stool, as well as a shower and a toilet.”

Mahmud Abouhalima, who became an ADX inmate after being convicted for participating in the 1993 World Trade Center bombing, described life in his cell:

“Sitting in a small box in a walking distance of eight feet, this little hole becomes my world, my dining room, reading and writing area, sleeping, walking, urinating, and defecating. I am virtually living in a bathroom, and this concept has never left my mind in ten years.”

Many of the inmates spend 23 hours alone in their cells each day. ADX takes measures so extreme that “other than when being placed in restraints and escorted by guards, prisoners may spend years without touching another human being,” according to Amnesty’s report.

A 2006 Telegraph report detailed the experience of shoebomber Richard Reid at ADX:

“For 23 hours a day, Reid is locked down, confined to his cell. From computerised control booths, staff monitor the ranges using remote-controlled video cameras and motion sensors. Every half hour, day and night, he is checked through the windows in his cell doors and must stand by his bed at designated times, five times a day as the staff take a head-count.”

Meals are eaten in the cell, passed through a slot in the door.

Tsarnaev will have few options of what to eat (though non-pork items are offered to Muslim inmates). He won’t have the option of not eating.

According to a 2011 report by 60 Minutes, inmates who go on hunger strikes are force-fed.

“There have been frequent hunger strikes among the Islamic terrorist inmates inside Supermax and to keep the inmates alive there are often force feedings. That’s when an inmate is restrained and liquid nourishment is poured down a tube in his nose.”

Communication

Prisoners in general population can write letters and are allowed two 15-minute, non-legal phone calls each month, according to Amnesty’s report.

Abouhalima described how limited communication is for inmates:

“Over the last six years, three of my uncles, my grandfather, my aunt, and my uncle’s daughter have all passed away. I submitted request after request just to send condolence letters to my family mourning these deaths. I also requested to speak with my aunt before she died of cancer. They denied all of these requests…”

One former ADX inmate told 60 Minutes: “Your connections to the outside. Your family. Through phone calls, visits, all those are pretty much stopped at the ADX.”

Entertainment

There are restrictions on what can be read. The Telegraph report described the 12-inch television set Reid had access to. It had a see-through back so officers could check for things hidden in the set or missing parts:

“The television delivers a diet of “educational” programmes such as anger management and literacy, a basic package of entertainment channels, and an in-house quiz. “It’s a sort of Trivial Pursuit, with five or six different questions and the chance to win a candy bar if he gets them right,” said one insider.”

Once Tsarnaev is moved to death row, here’s how he would be executed, barring a successful appeal.

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yonglixx

The Middlesex District Attorney’s Office is still moving to bring convicted marathon bomber Dzhokhar Tsarnaev to trial in state court for the murder of MIT police Officer Sean Collier.

A spokeswoman for DA Marian T. Ryan said tonight the case, long reported to be on the table, is open now that a federal jury has convicted Tsarnaev and sentenced him to death.

“When you come into Middlesex County and execute a police officer in the performance of his duties and assault other officers attempting to effect his capture, it is appropriate you should come back to Middlesex County to stand trial for that offense,” Ryan said in a statment.

Tsarnaev is now on death row at the federal Supermax in Florence, Colo. His legal team is appealing.

Collier was killed by Tsarnaev and his older brother, Tamerlan, during the night of April 18, 2013, at the beginning of a firefight that resulted in the older brother’s death and Dzhokhar’s capture.

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Defense attorneys for Boston Marathon bomber Dzokhar A. Tsarnaev Monday filed paperwork seeking to overturn the terror bombing convictions that led to his being sentenced to death for the April 15, 2013 attacks that killed three people and wounded more than 260.

“A new trial is required in the interests of justice and judgments notwithstanding the verdict are required as a matter of evidentiary insufficiency,’’ the defense lawyers wrote in a motion filed Monday in US District Court.

However, the four-page document was described by defense attorneys as a “placeholder’’ filed only to comply with deadlines set by US District Court Judge George A. O’Toole Jr. for challenging the jury verdicts, and they promised to file a detailed appeal by Aug. 17.

“Mr. Tsarnaev files the instant motion while intending to make such a supplemental filing’’ in August, the defense attorneys wrote in the filing.

Defense attorneys in both state and federal courts routinely file similar motions where they ask a judge to throw out the jury’s verdict after their clients are convicted of a crime.

Tsarnaev’s defense team conceded his role in the terror bombings during the guilt phase of the two-stage death penalty trial, but actively urged jurors to spare his life during the sentencing phase.

Jurors, however, sentenced him to death for the murders of eight-year-old Martin Richard and Lingzi Lu, a Boston University graduate student, both of whom were killed in the bombings.

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ladyjeanne

DEFENDANT’S PRELIMINARY MOTION FOR NEW TRIAL PURSUANT TO FED. R. CRIM. P. 33 AND FOR JUDGMENT NOTWITHSTANDING VERDICT PURSUANT TO FED. R. CRIM. P. 29 (FOR LATER SUPPLEMENTATION PER COURT SCHEDULING ORDER)

Document 1490 Filed 07/06/15

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Boston Marathon bomber Dzhokhar Tsarnaev is being housed at a high-security prison in Florence, Colo., because of his “unique management requirements,” a Federal Bureau of Prisons spokesman said Friday.

The spokesman, Ed Ross, did not elaborate on the requirements that led to Tsarnaev being sent to USP Florence.

Ross said in an e-mail that he would not speculate on how long Tsarnaev will be held there, or on “a timetable for any possible transfer.”

Most federal death row inmates are held at a prison in Terre Haute, Ind.

Tsarnaev, 21, was formally sentenced to death on Wednesday for his role in the April 15, 2013 bombings.

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yonglixx

More than two years after Boston Marathon bomber Dzhokhar Tsarnaev was captured in a boat behind a Watertown house, that city’s police chief said law enforcement officers who responded without supervision effectively got in the way during the dramatic operation and put themselves and other officers at risk.

Speaking publicly for the first time on the matter, Watertown Police Chief Edward P. Deveau said Tuesday in an interview with the Globe that it was lucky that no police officer was injured in the operation.

Some of the self-deployed officers lacked tactical training and equipment, such as vests and armored vehicles, and were not briefed on the plan before the mission started. That means they put themselves, and others, at risk, Deveau said.

“When you have something surrounded, everybody in the background is in harm’s way from the officer on the other side of the boat,” Deveau said by phone. “Everyone responded for the right reason — they wanted to help — but they didn’t see the big picture of someone getting hurt down there.”

‘If I had to do it over again, I would have had those involved come to the command post, and decide who needed to be deployed.’

Edward P. Deveau, Watertown police chief 

According to the state report, more than 100 officers had gathered in front of and behind the Franklin Street home after the initial call was put out, and it was “unclear who was responsible for the inner and outer perimeters.”

Then, an officer shot at the boat “without appropriate authority in response to perceived movement in the boat, in turn causing many officers to fire at the boat in the belief that they were being shot at by the suspect,” which created a dangerous crossfire situation, the report said.

The shooting continued even after on-scene supervisors ordered a cease-fire, according to the report.

Boston Police Commissioner William B. Evans, who was in command at the scene, defended management of the operation, noting that “everything was under control” until the shots rang out.

“Within 15 seconds, it was halted,” he said. “It was not out of control like people thought it was.”

Evans said immediately after the first shot was fired, he started “yelling and screaming [at them] to stop.”

Evans said the officer who started the gunfire has not been identified, though he knows it was not a Boston police officer.

Deveau assumed some of the blame Tuesday, noting that he made a mistake by putting out the emergency call to all responding officers in Watertown at the time.

“If I had to do it over again, I would have had those involved come to the command post, and decide who needed to be deployed,” he said. “At the time, we thought as soon as we knew, everyone should know, because people’s lives were in danger.”

Out of the nearly 3,000 officers who were in Watertown over the course of that day, “hundreds responded without proper tactical teams” and were “operating on their own,” Deveau said.

The chief said he could not speak about the operation earlier, citing an order from the US attorney’s office to keep the discussion under wraps until Dzhokhar Tsarnaev’s trial ended. The 21-year-old was formally sentenced to death a week ago.

The comments come several weeks after the Middlesex district attorney’s office, confirming witness accounts, found that MBTA Police Officer Richard Donohue was probably shot and critically wounded by a fellow officer during the initial shootout with the Tsarnaev brothers in Watertown. The report also found that officers were “warranted and justified” in using deadly force during the seven-minute gunfight.

Deveau did not comment on the district attorney’s report, but he did say the April 19 shootout between law enforcement and the two Tsarnaev brothers on Laurel Street was handled in an “A+” manner.

“Law enforcement did a damn good job in Watertown that day,” he said. “But I compare it to the Patriots winning the Super Bowl. [Patriots coach] Bill Belichick doesn’t stand at the podium and say it was perfect; he says it just worked out and we won.”

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A friend of Boston Marathon bomber Dzhokhar Tsarnaev (joh-HAHR’ tsahr-NEYE’-ehv) has dropped an appeal of his conviction for obstructing the investigation into the bombing.

In court documents filed by his lawyer Thursday, Azamat Tazhayakov (AZ’-maht tuh-ZAY’-uh-kahv) says he “knowingly and voluntarily” elects to withdraw his appeal.

Tazhayakov was sentenced last month to 3 ½ years in prison after he tearfully apologized to Boston residents for impeding the investigation into the 2013 attack while authorities frantically searched for Tsarnaev and his brother.

He was convicted of conspiracy and obstruction of justice for agreeing with another friend to remove Tsarnaev’s backpack from his University of Massachusetts Dartmouth dorm room. The bag contained fireworks that had been emptied of their explosive powder.

Tsarnaev was sentenced to death.

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yonglixx

FLORENCE, Colo. — It’s home to Ramzi Yousef, who plotted the 1993 bombing at the World Trade Center; 9/11 conspirator Zacarias Moussaoui; “Unabomber” Ted Kaczynski; Richard Reid, the “shoe bomber;” and now Boston Marathon bomber Dzhokhar Tsarnaev.

When inmates arrive at the United States Penitentiary Administrative-Maximum Facility in Florence, Colorado, it immediately becomes clear: ADX, the nation’s most secure Supermax prison, is built to cut them off from the world.

Tsarnaev, 21, who was formally sentenced to death on Wednesday, arrived at ADX on Thursday, according to Edmond Ross, a U.S. Bureau of Prisons spokesman.

The worst of the worst in America’s vast prison network are delivered to ADX, the “Alcatraz of the Rockies,” in buses, special vehicles, even Black Hawk helicopters.

Heavily armed patrols cruise the sprawling complex. A dozen imposing gun towers rise above squat brick buildings. Walls topped with razor wire partially block the snow-capped mountains.

“As soon as they come through the door … you see it in their faces,” former ADX warden Robert Hood said. “That’s when it really hits you. You’re looking at the beauty of the Rocky Mountains in the backdrop. When you get inside, that is the last time you will ever see it.”

“The Supermax is life after death,” said Hood, who served as ADX warden from 2002 to 2005. “It’s long term. … In my opinion, it’s far much worse than death.”

‘The architecture is the control’

Many of the more than 400 inmates spend as much as 23 hours a day alone in 7-by-12-foot concrete cells. Meals are slid through small holes in the doors. Bed is a concrete slab dressed with a thin mattress and blankets.

A single window about 42 inches high and 4 inches wide allows some natural light but is made so prisoners cannot see beyond the building. Cells have unmovable stools and desks made of concrete. Solid walls prevent prisoners from seeing other cells or having direct contact with other inmates.

“The architecture of the building is the control,” Hood said.

“You’re designing it so the inmates can’t see the sky. Intentionally. You’re putting up wires so helicopters can’t land.”

Inmates have little contact outside of guards and prison staff. They must wear leg irons, handcuffs and stomach chains when taken outside their cells — and be escorted by guards. A recreation hour is allowed in an outdoor cage slightly larger than the prison cells. Inside the cage, only the sky is visible.

“You’re passing hundreds, hundreds of cameras as metal doors are sliding open and closed,” Hood said.

Life in the H-Unit

Some cells have radios and black-and-white televisions offering religious, educational and general interest programs.

Mail and conversations are monitored at all times, the current ADX warden, John Oliver, testified at Tsarnaev’s sentencing hearing. Inmates at some point may be able to get prison jobs, such as cleaning showers, or move into the general population, Oliver said.

But the level of freedom a prisoner such as Tsarnaev would enjoy is ultimately determined only by the Justice Department and the agencies that investigated and prosecuted him, not the prison staff.

Tsarnaev will likely join other terrorists in the Special Security Unit, also called the H-Unit. These cells are reserved for inmates with DOJ-imposed Special Administrative Measures intended to strictly limit all communications with the outside world.

Only members of a prisoner’s legal team and immediate family are permitted to visit. Prisoners sit on the other side of a glass window. They speak over telephones. All personal conversations are monitored, but legal conversations and correspondence with attorneys are considered privileged and private.

Earning ‘the right to go to Supermax’

“ADX itself has … become almost entirely a ‘lock-down’ facility in which prisoners are locked in solitary cells for all but a few hours a week,” Amnesty International said in a 2014 report titled “Entombed: Isolation in the U.S. federal prison system.”

The Supermax is home to the prison system’s most violent inmates as well as convicted terrorists.

“They’ve been in jail. They’ve been in prison. They’ve killed staff. They’ve killed a visitor,” Hood said. “They’ve earned, if you will, the right to go to Supermax. … These are terrorists. These are disruptive gang members. They’re spies.”

A 2012 class action suit against the Bureau of Prisons said “years of isolation, with no direct, unrestrained contact with other human beings” leave some ADX inmates — particularly those with serious mental illness — with “a fundamental loss of even basic social skills and adaptive behaviors.” They “predictably find themselves paranoid about the motives and intentions of others.”

“Once placed into unrestrained contact with other, similarly impaired and paranoid men, the stress on prisoners — even those with no mental illness — can be extreme. Assaults and stabbings are common.”

Many ADX prisoners “interminably wail, scream and bang on the walls of their cells,” the lawsuit said. “Some mutilate their bodies with razors, shards of glass, sharpened chicken bones, writing utensils, and whatever other objects they can obtain. A number swallow razor blades, nail clippers, parts of radios and televisions, broken glass, and other dangerous objects.”

Coping — or self-destructing?

Some inmates have “delusional conversations with voices they hear in their heads,” the court documents said. Others spread feces, other human waste and body fluids throughout their cells or hurl it at correctional officers.

“I do know that when you put a person in a box for 23 hours a day and you tell them that’s the rest of your life, that each person has their own coping skills,” Hood said.

“When you see a person disrobing, throwing feces at a staff member going by — is that mental illness? Is that an issue where they’re self-destructing?”

At least six prisoners have committed suicide since ADX opened in 1994, the lawsuit said. Most of the suicides involved prisoners hanging themselves with bedsheets.

“Though I know that I want to live and have always been a survivor, I have often wished for death,” Thomas Silverstein, confined for more than 30 years in isolation, including nine in ADX, was quoted as saying in the Amnesty International report. “I know, though, that I don’t want to die. What I want is a life in prison that I can fill with some meaning.”

Laura Rovner, a University of Denver College of Law professor who has represented ADX prisoners, said reports of conditions at the notorious Guantanamo Bay prison in Cuba compare favorably with some conditions at ADX.

“For many people, being confined at ADX in what will amount to a life sentence there really is kind of a form of living death,” she said. “It just takes everything away from you. Your existence is limited to the four walls of this small cell and frankly not much else.”

The mentally ill and younger inmates are particularly vulnerable, Rovner said.

“This is a person who’s going to be vulnerable, who’s going to feel the isolation in ways that are more acute,” she said of Tsarnaev. “He’s presumably going to be alive for a long time. He’s looking at spending potentially at least the next 50 years in isolation. It’s almost unfathomable.”

Prisoners in the H-Unit rarely have access to less-restricted general population units, according to Amnesty International. In 2008, the prison instituted a step-down program for the H-Unit consisting of three phases lasting a minimum of one year — with each step providing limited privileges.

“If you’re the Unabomber and you have an advanced degree … and know multiple languages, you’re going to sit there and read most of the day,” Hood said of Kaczynski, who has been described by acquaintances as brilliant.

“But many of the inmates do not have the coping skills. They don’t have the reading ability. They don’t have the ability to be litigious. So there’s no outlet; that’s most likely the inmate who is going to throw feces at you.”

Prisoner advocates have found that some inmates, despite good conduct, spend years in H-Unit without progressing to the next phase because the Special Administrative Measures were not modified.

The World Trade Center terrorist

Ramzi Yousef is serving two life sentences plus 240 years for his role in two terrorist attacks, including the 1993 World Trade Center bombing that killed six people. He has spent more than 15 years in solitary confinement. He’s held in H-Unit under Special Administrative Measures and has spent more than two years on step 2 of the step-down program, according to Amnesty International.

Yousef, who has had a clear conduct record for at least five years, has worked as an orderly, which allows him out of his cell a few hours a week to clean other cells. Still, he has been denied access to step 3, and his Special Administrative Measures are renewed each year, the rights group said.

Hood described Yousef as civil but said he isn’t as personable as mob turncoat “Sammy the Bull” Gravano.

“Here’s a guy the first time you meet him, you actually like him,” Hood said of the former Gambino crime family enforcer. “You don’t like what he did. But you find a likable person, a person you’d want for your next-door neighbor. He’s funny. He’s appropriate for relations within the prison setting. You actually feel good to see him every day.”

Of Yousef, the ex-warden said: “Regardless of the crime … regardless of what he’s been involved in, he’s well-trained. He’s disciplined. I would be the enemy even though I am the warden. Yet we also had that civility. I would say good morning, how are the staff treating you?”

During the sentencing phase of Tsarnaev’s trial, Oliver, the current ADX warden, portrayed the Supermax prison in the best light possible, describing how inmates in the special security units can mail letters, exercise in their cells, talk on the phone for up to 30 minutes a month and even write books.

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Thank you your honor for giving me the opportunity to speak. I’d like to begin in the name of Allah, the exalted, the most gracious …    This is the blessed month of Ramadan and is the month of mercy from Allah to his creation. I want to ask forgiveness from Allah and his creation. I want to express gratitude to Allah and his creation.”    It is a month during which hearts change. Indeed a month of many lessons … If you have not thanked the people, you have not thanked god. So I’d first like to thank my attorneys, those who sit at this table, the table behind me and many more behind the scenes. They’ve done much good for me and my family. Made my life in the last two years very easy. I cherish their company, their love … I’d like to thank those who took the time out of their daily life to come and testify on my behalf despite the pressure. I’d like to thank the jury for their service and the court.    If you are not merciful to Allah’s creation, Allah will not be merciful to you. I’d like to now apologize to the victims and the survivors.    (He paused and coughed.)    Immediately after the bombing, in which I am guilty of, if there’s any lingering doubt about that. I did do that along with my brother. I learned of some of the victims. I learned their names, their faces, their age, and throughout this trial, more of those victims were given names. More of those victims were given faces. And they had hearts and souls.    ….    Allah says in the Koran that no soul is given more than they can bear. You told us how horrible it was. How horrendous it was the thing I put you through. I know that there isn’t enough time in the day to (apologize).    I wish that four more people had the chance to get up there, but I took that from them. I am sorry for the lives that I’ve taken. For the suffering I caused you, for the damage I’ve done, irreparable damage.    My religion is Islam. The god I worship beside no other god is Allah. And I pray to Allah to bestow his mercy on those affected by the bombing and their families. With every hardship .. I pray for your relief, for your healing for your well-being, for your strength.    I ask Allah to have mercy upon me and my brother and my family …    Praise be to Allah.

Dzhokhar Tsarnaev (via patsysvodka)

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“This was an extraordinary case. Those of us who sat through it saw things we will never forget. Whenever your name is mentioned, what will be remembered is the evil you have done. No one will remember that your teachers were fond of you…that your friends found you funny…that you were a talented athlete. “What will be remembered is that you murdered and maimed innocent people, and that you did it willfully and intentionally. You did it on purpose…you had to forget your own humanity, the common humanity you shared with your brother Martin, your sister Lingzi Lu… “It is tragic, for your victims and now for you…surely someone who believes God smiles on and rewards the killing of innocents believes in a cruel God. That is not, and cannot be, the God of Islam.”

Judge George O’Toole (via patsysvodka)

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yonglixx
“I would like to being in the name of Allah, the exalted and most gracious. this is the blessed month of Ramadan, a month to ask forgiveness of Allah and express gratitude to Allah. I would like to thank my attorneys who have done much good for me and my families. “I cherish their company.” I thank the jury for their service , and those who came to testify on my behalf. I would like to now apologize to the victims and to the survivors.“ I am guilty of the bombing, let there be no lingering question about that. After the bombing, i learned victims’ names and saw their faces. I was listening as all these people testified. I also wish more people had the chance to testify. “I am sorry for the lives that I’ve taken, the sorrow I have caused.” I have done irreparable damage. I pray for Allah to bestow mercy upon those I killed and their families. I ask Allah to have mercy upon everyone here today, on my and my brother…. Thank you. Praise be to Allah”
- Dzhokhar tsarnaev
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