An undated photo of Azamat Tazhayakov and Dias Kadyrbayev with Dzhokhar Tsarnaev in Times Square in New York.
Federal authorities arrested three friends of Boston Marathon bombing
suspect Dzhokhar Tsarnaev Wednesday, accusing them of trying to
obstruct justice by hiding evidence in the case and lying about it.
Stahl, who is Kadyrbayev's attorney but is also working closely with
Tazhayakov since the two were charged jointly, said the men were
"shocked and horrified" by the Boston attacks and by the knowledge that
they knew the suspected bomber. He declined to specifically rebut the
allegations laid out by federal officials Wednesday, but insisted the
men had been cooperative with federal authorities and were stunned by
the new charges.
An attorney for Phillipos, who declined to give his name, also denied
the charges against his client in a press conference after the
hearing--though he declined to elaborate. He suggested "the truth" would
come out in court.
Tsarnaev, a 19-year-old college student, is charged with killing
three and injuring more than 200 in the two bombs last month. He is in
custody at a federal prison medical facility at Fort Devens, 40 miles
outside of Boston, where he's being treated for injuries incurred in a
shootout with police before his arrest. His older brother and suspected
co-bomber, Tamerlan Tsarnaev, was killed while fleeing arrest.
In a statement, the Boston Police Department said there was no threat to public safety at this time.
Azamat Tazhayakov and Dias Kadyrbayev, both Kazakh nationals who
attended the University of Massachusetts at Dartmouth with Tsarnaev,
were charged with "conspiracy to obstruct justice" for allegedly getting
rid of a laptop computer and a backpack belonging to the suspected
bomber. Their classmate, Robel Phillipos, a U.S. citizen from Cambridge,
Mass., who reportedly knew Tsarnaev from high school, was charged with
lying to federal officials during the bombing investigation.
Tazhayakov and Kadyrbayev appeared in federal court Wednesday where
they were ordered held without bail. They are scheduled to appear in
court again on May 14. One of their attorneys, Robert Stahl, said the
men plan to plead "not guilty" to the charges. Phillipos, arrested
Wednesday, appeared in federal court separately. There, a judge ordered
him held without bail because he's a "flight risk." He's scheduled to
appear before a judge again on Monday.
According to federal court documents,
the three men, all 19, were close friends of Tsarnaev's, and at least
one hung out with the suspected bomber after the April 15 attack. When
the FBI released photos of the bombing suspects on April 18, Phillipos
texted Kadyrbayev to say that one of the suspects looked like Tsarnaev.
According to the filing, Kadyrbayev saw the photo and then texted
Tsarnaev to tell him the same thing.
"LOL," Tsarnaev replied, according to the filing. The suspected
bomber told his friend to "come to my room and take whatever you
want"—though Kadyrbayev told federal authorities he regarded that
comment as a joke.
But Tazhayakov told investigators that upon seeing those texts, he believed he would never see Tsarnaev alive again.
Later that night, Kadyrbayev and Tazhayakov, who shared an apartment
off campus, met Phillipos at Tsarnaev's dorm room, where they spied a
backpack containing fireworks that were "opened and emptied of powder"
and other possible bomb-making components, according to court filings.
Kadyrbayev allegedly told officials he knew at that moment that Tsarnaev
was involved in the bombings, but instead of alerting police, he
decided to remove the backpack and Tsarnaev's laptop from the dorm to
help his friend "avoid trouble."
The three stayed up all night watching bombing coverage, and amid
reports that Tsarnaev was on the run, Kadyrbaev says they collectively
decided to throw the backpack and laptop in a trash bin near the
apartment he shared with Tazhayakov in New Bedford, according to the
court filings. But Phillipos offered up a slightly different story,
telling authorities he could not understand the "majority" of what his
friends were saying because they were speaking in Russian. When asked by
Kadrybaev what he thought he should do with Tsarnaev's items, Phillipos
says he replied, "Do what you have to do."
Federal investigators interviewed Tazhayakov and Kadyrbayev on April
19 and, on April 20, they were detained on civil immigration violations.
They have been in federal custody since then. The two appeared in immigration court Wednesday
morning. Court filings suggest the two came clean early on about their
efforts to conceal evidence related to Tsarnaev's alleged role in the
bombings.
But federal officials have charged Phillipos with repeatedly lying to
investigators about his role—insisting again and again that he didn't
remember going to Tsarnaev's dorm room or removing possible evidence.
But during his fourth interview on April 26, Phillipos allegedly
admitted he had lied to federal agents and signed a confession detailing
his role in the cover-up.
On April 26, federal investigators found Tzarnaev's backpack at a
nearby landfill, according to court documents. It's unclear if the his
laptop has been recovered.
If convicted, the three could each face as much as $250,000 in fines.
Tazhayakov and Kadyrbayev also face a maximum sentence of five years in
prison apiece, while Phillipos faces as much as eight years in prison.
After the hearing, their attorneys strongly denied the charges made
against their clients.
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