US vs Tsarnaev court document

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
) UNITED STATES OF AMERICA, ) ) Plaintiff, )
v.
)  Criminal Action
)  No. 13-10200-GAO
)
DZHOKHAR A. TSARNAEV, also ) known as Jahar Tsarni, ) ) Defendant. ) )
BEFORE THE HONORABLE MARIANNE B. BOWLER UNITED STATES MAGISTRATE JUDGE
ARRAIGNMENT
John J. Moakley United States Courthouse Courtroom No. 10
One Courthouse Way
Boston, Massachusetts 02210 Wednesday, July 10, 2013
3:28 p.m.
Marcia G. Patrisso, RMR, CRR Official Court Reporter John J. Moakley U.S. Courthouse One Courthouse Way, Room 3510 Boston, Massachusetts 02210 (617) 737-8728
Mechanical Steno - Computer-Aided Transcript
APPEARANCES:
OFFICE OF THE UNITED STATES ATTORNEY
By: William D. Weinreb, Aloke Chakravarty and Nadine Pellegrini, Assistant U.S. Attorneys John Joseph Moakley Federal Courthouse
Suite 9200
Boston, Massachusetts 02210
On Behalf of the Government
FEDERAL PUBLIC DEFENDER OFFICE By: Miriam Conrad, Esq.
51 Sleeper Street
Fifth Floor
Boston, Massachusetts 02210 - and -
CLARKE & RICE, APC
By: Judy Clarke, Esq.
1010 Second Avenue
Suite 1800
San Diego, California 92101 On Behalf of the Defendant

District
Marianne
PROCEEDINGS THE CLERK: All rise.
(The Court enters the courtroom at 3:28 p.m.)
THE COURT: Please be seated.
THE CLERK: The United States District Court for the of Massachusetts is now in session, the Honorable
B. Bowler attending.
Today is Wednesday, July 10th, 2013. The case of
U.S. v. Tsarnaev, Criminal Action No. 13-10200, will now be heard. Will counsel please identify themselves for the record.
MR. WEINREB: Good afternoon, your Honor. William Weinreb for the United States.
MR. CHAKRAVARTY: Aloke Chakravarty for the United States, your Honor.
         THE COURT:  Thank you.
MS. PELLEGRINI: Good afternoon, your Honor. Nadine Pellegrini for the United States.
         THE COURT:  Thank you.
MS. CLARKE: Judy Clarke and Miriam Conrad with Mr. Tsarnaev, your Honor.
THE COURT: Thank you very much.
At the outset of the proceeding I would like to acknowledge and note for the record that there are 30 victims and family members here in the courtroom today, and they have the statutory right to be present at this proceeding pursuant
to 18 United States Code, Section 3771.
We're here at this time for the purposes of
arraignment.
Ms. Clarke, Ms. Conrad, have you reviewed the
indictment with your client? MS. CLARKE: We have.
him?
today?
THE COURT: And have you explained the nature of it to
MS. CLARKE: We have.
THE COURT: And does he understand it?
MS. CLARKE: Yes.
THE COURT: And is he prepared to be arraigned here
MS. CLARKE:  He is.
THE COURT: And does he waive the reading of the indictment in its entirety?
MS. CLARKE: He does.
THE COURT: And what are the maximum penalties?
MR. WEINREB: Your Honor, on Counts 1, 2, 4, 6, 7, 9,
13 and 15 of the indictment, the maximum penalty is up to life imprisonment or the death penalty, five years of supervised release, and a $250,000 fine.
On Counts 3, 5, 8, 10, 12 and 14, there is a maximum penalty of life imprisonment or the death penalty, and a minimum mandatory term of imprisonment of life, except on Count
3, on which there is a minimum mandatory term of imprisonment of 30 years. The defendant would also be subject to a fine of up to $250,000 and five years of supervised release.
On Count 11, the maximum term of imprisonment is life, followed by five years of supervised release and a $250,000 fine.
On Counts 16, 17 and 18, there is a maximum term of life imprisonment or the death penalty, a minimum mandatory term of imprisonment of 25 years, up to five years of supervised release, and a $250,000 fine.
On Count 19, a maximum term of imprisonment of 25 years followed by five years of supervised release and a $250,000 fine.
On Count 21, a maximum term of imprisonment of up to 20 years, followed by three years of supervised release and a $250,000 fine.
On Counts 23, 25, 27 and 29, a maximum term of imprisonment of life followed by five years of supervised release and a $250,000 fine.
And finally, on Counts 24, 26, 28 and 30, there's a maximum term of life imprisonment, a minimum mandatory term of life imprisonment, a five-year term of supervised release, and up to a $250,000 fine.
THE COURT: Are you ready to proceed? MS. CLARKE: Yes.
THE COURT: Will the defendant please stand.
(The defendant complies.)
THE COURT: Mr. Garvin, will you please proceed. THE CLERK: Mr. Tsarnaev, as to Counts 1, 2, 4, 23,
25, 27, 29 of the indictment, charging you with use of a weapon of mass destruction resulting in death and conspiracy to use a weapon of mass destruction resulting in death, a violation of Title 18, United States Code, Section 2332a, how do you plead, guilty or not guilty?
MS. CLARKE: Your Honor, as to all counts we've advised Mr. Tsarnaev that today it's appropriate to enter not guilty pleas, and we would ask the Court to enter not guilty pleas.
         THE CLERK:  Counts 6, 7 and
THE COURT: Well, I would ask him to answer. MS. CLARKE: Thank you, your Honor.
THE DEFENDANT: Not guilty.
THE COURT: Go through them
charging
death and conspiracy to bomb a place
death in violation of Title 18, United States Code, Section 2332f, how do you plead?
you with bombing of a place
THE DEFENDANT: Not guilty.
THE CLERK: As to Counts 11, 12 and 14 charging you with malicious destruction of property resulting in death and
all, please.
9 of the indictment,
of public use resulting in of public use resulting in
conspiracy to maliciously destruct property resulting in death in violation of Title 18, United States Code, Section 844(i) and (n), how do you plead?
THE DEFENDANT: Not guilty.
THE CLERK: As to Counts 3, 5, 8, 10, 13, 15, 16, 17 and 18, charging you with use and carrying of a firearm during and in relation to a crime of violence resulting in death in violation of Title 18, United States Code, Section 924(j), how do you plead?
THE DEFENDANT: Not guilty.
THE CLERK: As to Count 19 of the indictment charging you with carjacking resulting in serious bodily injury in violation of Title 18, United States Code, Section 2119, how do you plead, guilty or not guilty?
THE DEFENDANT: Not guilty.
THE CLERK: As to Counts 20, 22, 24, 26, 28 and 30, charging you with use and carrying of a firearm during and in relation to a crime of violence in violation of Title 18, United States Code, Section 924(c), how do you plead?
THE DEFENDANT: Not guilty.
THE CLERK: And as to Count 21 charging you with interference with commerce by threats and violence in violation of Title 18, United States Code, Section 1951, how do you plead?
THE DEFENDANT: Not guilty.
THE COURT: Thank you. You may be seated.
How many witnesses does the government intend to call and what's the probable length of trial?
MR. WEINREB: Your Honor, we anticipate the government would call 80 to 100 witnesses and that the trial would last approximately three to four months.
THE COURT: And, Mr. Garvin, do we have a date for an initial status conference?
THE CLERK: We do. It will be Monday, the 23th of September, at 10 a.m.
THE COURT: So noted by counsel?
MS. CLARKE: That's a good date. Yes, thank you. THE COURT: Mindful of the potential cost of these
proceedings, I direct counsel for the defendant at this time to consider sooner rather than later preparing a proposed litigation budget for the trial judge. And I note that the provisions of the Guide to Judiciary Policies and Procedure, Volume 7, Part A, Chapter 6, Section 640, encourages the budget to be filed as early as possible.
Ms. Clarke, I know you have experience with this. So I would suggest, particularly in this time of sequester, the sooner you can get to this, the better.
MS. CLARKE: Thank you, your Honor.
THE COURT: All right.
I'd also like to remind counsel of the presumption of
public access to judicial documents, and that this Court frowns upon the sealing of judicial documents unless it's absolutely necessary. To date, many of the filings in this case have been sealed, and the Court will look carefully in the future because the public has a right to know about the nature of the proceedings.
Are there other matters that counsel wish to bring to my attention at this time?
remanded
MR. WEINREB: None from the government, your Honor.
MS. CLARKE: No, your Honor. Thank you.
THE COURT: All right. In which case the defendant is to the custody of the United States marshals.
THE CLERK: All rise.
MS. CLARKE: Thank you, your Honor.
(The Court exits the courtroom and the proceedings
concluded at 3:37 p.m.)
CERTIFICATE
I, Marcia G. Patrisso, RMR, CRR, Official Reporter of the United States District Court, do hereby certify that the foregoing transcript constitutes, to the best of my skill and ability, a true and accurate transcription of my stenotype notes taken in the matter of Criminal Action No. 13-10200-GAO, United States of America v. Dzhokhar A. Tsarnaev.
/s/ Marcia G. Patrisso MARCIA G. PATRISSO, RMR, CRR Official Court Reporter
Date:  July 15, 2013



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