Dead Men Tell No Tales - WhoWhatWhy

Dead Men Tell No Tales

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The prosecution is aggressively seeking the death penalty for Tsarnaev. Why?  Photo cred: CA Corrections / Wikimedia

The prosecution is aggressively seeking the death penalty for Tsarnaev. Why?
Photo cred: CA Corrections / Wikimedia

US Attorney Carmen Ortiz has called in reinforcements in an apparent bid to deal a final knockout blow to convicted Boston Marathon bomber Dzhokhar Tsarnaev—and help her execute him. That help comes in the form of a prosecutor who successfully persuaded a Federal jury to impose the death penalty, for the first time in Connecticut in more than 125 years.

Assistant US Attorney Tracy Lee Dayton of Bridgeport, Connecticut, filed a notice of appearance on April 1, 2015—a full week before Tsarnaev was found guilty of all 30 charges in connection with the marathon bombing.

He now faces a sentencing trial beginning April 21, 2015. During those proceedings, the same jury that convicted Tsarnaev will decide whether he will spend the rest of his life in prison, or die by lethal injection.

But the date of Dayton’s appointment shows that prosecutors were merely going through the motions with the Tsarnaev jury, while behind closed doors, they were bolstering their team to maximize the chances he would eventually die.

Photo cred: Department of Justice

Photo cred: Department of Justice

And the government couldn’t have picked a more formidable foe for Tsarnaev’s defense than Dayton. Her unsparing courtroom style secured the death penalty for Azibo “Dreddy” Aquart, the reputed head of a Connecticut crack ring, who participated in a savage drug-related triple homicide in 2005. Aquart’s three victims, said to be rival dealers, were hog-tied, covered in duct tape, then beaten to death with baseball bats in an apartment where one of the victims lived.

During the penalty phase of Aquart’s 2012 trial, Dayton made repeated graphic references to the brutality of the crimes and the pain suffered by his victims, reminding the jury the victims’ faces “were so pulverized the bones could no longer hold the flesh in place.”

In one telling turn of phrase, she described the scene as a “blood spattered slaughter-house.” Dayton closed her argument while she stood in front of large photos that revealed in exquisite detail the horrific wounds sustained by each of the victims.

And It worked.

The 12 member jury took just one day to determine Aquart should die for his actions and he became the first defendant to be sentenced to death by a Connecticut Federal jury in over a century.

Will Dayton try to pull off the same in Massachusetts, traditionally an anti-death penalty state?

Tsarnaev jurors have already been exposed to gruesome images of the marathon bombing victims, and heard, in imbrued detail, descriptions of the impact the bombs had on victims’ bodies. One wonders what Dayton’s rhetorical flourishes could actually add to a death penalty argument in his case.

By bringing in a ruthless prosecutor with a knack for exploiting gory details, the government is signaling its intention to go all-out for ‘justice,’ which, according to prosecutorial logic, can only result in another death.

But do prosecutors need Tracy Lee Dayton, or do they want her? Why is the Federal government so desperate to execute Dzhokhar Tsarnaev?

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37 responses to “Dead Men Tell No Tales”

  1. Avatar closetothetruth says:

    i am not sure what I think about some of the anomalies in this case. but I am curious as to what people think the explanation for as to why Tsarnaev allowed his lawyer to say he did it. A client has every ability to stand up in court and deny their lawyer is representing them properly, especially with regard to a matter as central as committing the act. One could argue that he has been “gotten to” and fears for his life, but admitting culpability in a death-eligible case hardly seems any better, esp. if he knows he didn’t do it. I can’t come up with a plausible explanation for why, if Tsarnaev does not believe himself to be guilty, his counsel could do what she did. It would have taken exactly one statement on his part–“your honor, my lawyer is lying to you against my will; I did not do it”–to have her thrown off the case. No judge could or would have let that stand–forgetting the obvious public outrage, it would blow the case wide open on appeal, as well as being a direct breach of professional ethics that would get Clarke disbarred. What possible explanation can there be other than Tsarnaev himself agreeing with this strategy, which means that he himself told Clarke he did it? That is actually required by her making a statement like that, and the fact that he did not challenge it is very hard to track with much of the thought here.

  2. Avatar ra wo says:

    Smoking hot discussion over the color of the backpack at the high-traffic, mainstream discussion forum

    “Prosecution Exhibit Shows Backpack Different Color Than One Tsarnaev Carried”

    These are the important people to wake up, not we few intelligentsia talking to each other. Over 6,000 views.

    • Avatar Steve Sperdacion says:

      this is disinfo. trying to make anyone that questions this look nuts. forget blurry photos the FBI themselves released focus on how FBI killed an associate who knew too much, intimidated djokar’s college friends, How the guy Danny doesn’t exist. How slitting his throat so he can’t talk is convenient.

    • Avatar onetree says:

      The trolls, the gullible, and others without critical thinking skills are doing their best to make the forum user “metco” look ridiculous. For the most part, it seems like trying to have a conversation with a broken record.

    • Avatar Mifeng86 says:

      That backpack is way too small support a 30 lb device. Not to mention it’s a different color than the backpack that contained the bomb. Oh, there was also the calmly buying milk after committing a terrorist attack. Honestly, how can one not see that there is something very wrong with this case?

  3. Avatar Richard_Pietrasz says:

    The FBI already killed one “person of interest” in this case. Somehow I don’t think Todashev post-mortem photos played a prominent role in the trial.

  4. Avatar Steve Sperdacion says:

    eh if that’s the case why not kill him soon as they caught him like his brother?

    • Avatar ra wo says:

      Oh don’t worry, they tried, first the lit up the boat like a Christmas tree then they cut his throat. Where have you been? Police firing into boat:

    • Avatar Steve Sperdacion says:

      Somehow all of that didn’t kill him? hundreds of rounds into the rickety wooden boat but they didn’t penetrate it? None of it makes sense. I doubt he was ever in a boat. My question stands. If they are looking to kill him real quick now with the death penalty to keep him quiet, shoulda just killed him in the boat or wherever long ago. The corrupt media wouldn’t question it. Zero risks.

  5. Avatar jane24 says:

    The mention in this article of the graphic references used in the penalty phase of Aquart’s trial immediately reminded me of the graphic references already employed by the prosecution in the guilt phase of the Tsarnaev trial. These references, in the latter case, (and probably in the former too), were intended, in my opinion, to incline the jury to focus on emotion rather than fact. With Dayton on board I dread to imagine what images will be brought to mind. And all to make the death penalty a certainty…

    • Avatar Steve Sperdacion says:

      he admitted it tho (did he? they say so) and prosecutors always tell the juries about what happened to victims.

    • Avatar jane24 says:

      Judy Clarke actually said “he there” and “it was him” rather than the much misreported “he did it”, but yes, I guess this amounts to nearly the same thing. Prosecutors do always tell juries about the damage, injuries or negative impacts to victims of a crime but in this case the prosecution went overboard. The video shown at the end of the prosecutions closing arguments was a good example of this. They showed heavily edited footage of the carnage after the explosions to what they referred to as “Islamic chants” which were allegedly on the cd recovered from the Mercedes suv at Watertown. This venture into theatrics was unnecessary, distasteful and, imo, actually disrespectful to those victims. The intent was blatantly obvious.

  6. Avatar ra wo says:

    Will they execute him before anyone notices the glaring smoking gun evidence that the entire trial was a sham? New prosecution photos reveal that the “bomb backpack” on the sidewalk is BLACK while the one Dzhokhar is carrying is clearly WHITE. The government has posted ultra-high-resolution images at which are plain as day. If the backpack is not the same, the entire government narrative falls apart. Will someone please post these images to whowhatwhy before it’s too late? It’s true: Dzhokhar was framed. In a case full of anomalies this is the SMOKING GUN CASE CLOSED. See photos at

    Also see: Bombshell: Prosecution Exhibit Shows Backpack Different Color Than One Tsarnaev Carried

    • Avatar Steve Sperdacion says:

      those aren’t high resolution. and they both look like white backpacks but yeah so blurry hard to tell.

  7. Avatar johan mann says:

    Who wants a defense attorney that the first words out of her mouth in the closing arguments to the jury is: My client is guilty……

    This is a set up .His brother was caught on camera by CNN butt naked and handcuffed than he turns up death .
    If you can’t dazzle them with brilliance, baffle them with bullshit.

    “Boston Strong” my azz. That was nothing less than an exercise in martial law by locking down a major America city.

    • Avatar Richard_Pietrasz says:

      I believe that was in her opening remarks, too. Clarke was clearly a member of the prosecution team.

    • Avatar johan mann says:

      “Clarke was clearly a member of the prosecution team”. Doubt it NOT.

    • Avatar Richard_Pietrasz says:

      I should have clarified Tsarnaev’s defense team. She, the official prosecutors, and the judge were defending other people.

  8. Avatar Woody Box says:

    Well, I hope when it comes to Krystle Campbel the defense will this time confront the prosecution with pictures from Boylston Street where her body is *not* as heavily mutilated as on the autopsy photos. Or with the statement of Dr. Allan Panter, the man who accompanied her in her last minutes:

    • Avatar jane24 says:

      A good point, wb, and points, (as much else in this case), to the obvious conclusion that at least some of the evidence in this case has been tampered with or faked.

  9. In all my 67 years of living, I’ve never seen such a complete courtroom drama that made NO SENSE, like this one. OK, OJ got off, but it took millions of dollars. This defense ‘team’ must work in the back office of the prosecution. America the Beautiful is gone and turned real ugly. What a shame!!!!! Even if DT is as guilty as sin, he had NO DEFENSE TO SPEAK OF!!!!

    • Avatar oh_look says:

      And I believe the young man is in danger, because who’s to say that the FBI just decides to off him and declare it a suicide. Does this poor kid have any protection? And it is quite apparent by J. Napolitano’s recent article that she and many others within the “government agencies” are getting worried because too many people have figured out this is a frame up.

      What they ought to do is come clean, blame the FBI, shut down the FBI and make something up on why this is “good for America”, hell these guys can talk most Americans in believing almost anything. Then release Tsarnaev. I actually think they could work this into favoring the U.S. Government if done right

      ….The FBI has too much blood on its hands and NOBODY can trust them. Shut ’em down!

    • Avatar onetree says:

      He’s completely alone and that’s what bothers me more than anything! On the other hand, Dzhokhar may not even be in the courtroom.

  10. Avatar oh_look says:

    Please read Janet Napolitano’s “review” of Masha Gessen’s book “The Brothers”:
    I just read it. It was very predictable but a must read. The last paragraph she is almost sneering:

    “At this writing, no one knows whether Dzhokhar will receive the death
    penalty. In any case, what is left of his life will be spent behind bars
    instead of pursuing the American dream as his parents hoped he would.
    Meanwhile, last year there were 36,000 runners and a record number of
    spectators lining the course at the Boston Marathon; a million are
    expected on April 20. People there called it “Boston Strong.”

    She is obviously in the know, and she simply gives herself away by writing this article, which basically smears Masha Gessen for stating the obvious, that the TT was an informant, etc etc… Napolitano covered with the same nonsense for the FBI and law enforcement. She did state she was in charge of HLS…yes, we know she was involved!!

    • Avatar danny j says:

      Thanks for pointing out this book review by former head of Homeland Security, Janet Napolitano. And you’re quite right. Interesting stuff.

      “In the course of armchair quarterbacking that followed the bombing, it was revealed that the Russian Federal Security Service, known as the F.S.B., had notified the F.B.I. in 2011 about Tamerlan’s presence in the United States.”

      “Armchair quaterbacking” means the FBI lied about having had contacts with Tamerlan despite the family insistence the FBI had hounded them for years until independent-minded sleuths proved they had, at which point the FBI had to begrudgingly admit it.

      “directives such as the one to Bostonians to “shelter in place” can cause the paralysis that terrorism is designed to foster.”

      True. The people who gave those directives, and caused that paralysis terrorized the citizenry exactly as “designed.”

      “a Saudi student and two Moroccans — a runner and his coach — had been mistakenly suspected, with their identities splashed across the press”

      Interesting pun since that Saudi student, Sunil Tripathi “splashed” into the briny deep and his fully clothed body was pulled out off of Rhode Island 2 weeks after the bombing. No cause for his drowning was ever determined. Nothing odd about that.

    • Avatar otter says:

      Sunil Tripathi was found in a pond, not the briny deep.

    • Avatar otter says:

      As with everything in this case, if this is part of the case, details of his death have morphed over time. The location given was the river, the harbor, the waters off the point. The most recent, and most specific, articles have him found in a pond.

    • Avatar danny j says:

      Yeah, the story keeps evolving. It even changed during Dzhokar’s trial, by the Prosecution.

      Thanks for the links.

      The NY Times article cited in the Global Research article (which I had read at the time the story broke) does not reference a pond. It says “the waters off India Point Park in Providence”

      The photos I linked to were just from a web search for “India Point Park in Providence.”

      Maybe inside the Park is a pond, and that’s where his body was found. But “waters off India Point” sounded more like an estuary or bay to me.

      I think Russ Baker and team at WhoWhatWhy have done the best critical coverage of everything from the bombing to the trial.

      They even have links to every piece of evidence entered in the trial.

    • Avatar otter says:

      WWW does really good work. That’s why we’re here!

      I just wanted to update you on that detail. In my mind, it’s significant. Plausibility and all…

    • Avatar danny j says:

      Yep. While we still have a somewhat open internet, we can still spread information that the 0.01%-owned media obscures.

      Even thought NSA/FBI/Mossad/etc. all know who we are and what we’re sharing.

      to our surveillance team: you can go have a cup of coffee. I promise not to be subversive for the next 10 minutes.

    • Avatar onetree says:

      I don’t know that any of those earlier identified were actually suspected because this looks like it had been planned for the Tsarnaev brothers to be the patsies all along. I think the other identified individuals were just part of the game to make it seem like the FBI were honestly looking for suspicious individuals. I’m convinced they were enlisted under the FBI’s pretext of taking part in the drill and were told to wear hats, stand in certain locations, put their backpacks down, and leave them when they were given the word. It is possible that there were more than one set of potential patsies originally and, for some reason, others could not be fully pursued.

    • Avatar danny j says:

      You could well be correct.

      On the other hand, it’s not unusual for these “drills” to have multiple scripts all running at the same time so that, if one doesn’t play out as planned, they can just revert to another one.

      Either way, I agree that it sure looks like at least Tamarlan was sucked into a FBI “terrorist” sting.

      This morning, Amy Goodman’s Democracy Now! had a segment on a new documentary, “(T)ERROR,” about anFBI terrorist sting in which FBI created the “terrorist.”

    • Avatar onetree says:

      I don’t think it could have come off as it did without having her right in on the planning and execution of the plan. The letter shows she’s in on the cover up.

  11. Avatar oh_look says:

    I wonder if Tsarnaev’s defense team understand, yet, what damage they have done to their client in not defending him? And they probably got DT thinking he will get off too. Anyone who still thinks this is a “hoax” or that DT will walk with some kind of backdoor deal, is sadly mistaking. This is the real thing and it’s real serious.

  12. Avatar onetree says:

    Absolutely disgusting!

    They’re desperate to execute Dzhokhar because he is innocent and can tell the truth, which they hate more than anything. And if the fact that they hate the truth is not absolutely evident, then you’re not paying attention.

    • Avatar jane24 says:

      I am not American but I have lived here for well over a decade. During this time it has become increasingly obvious to me that the truth is of no consideration or consequence in the US “justice” system. A few, such as yourself, express concern over this but I believe the majority are either unaware or do not care. Sadly, until the majority take notice and develop a social conscience nothing is going to change. Does not the simple fact that we have to discuss the death penalty speak much to the society we live in?

    • Avatar onetree says:

      Yes indeed. I think the majority of people can’t be bothered to spend time thinking about things that involve anything other than their immediate interests. They don’t care and they don’t feel responsible and are probably individuals who don’t believe in the “brother’s keeper” idea. It’s going to take more than this to wake them up.