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April 21, 2013
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Boston bombing suspect still in serious condition

He remained in serious condition Sunday and apparently in no shape for interrogation after being pulled bloody and wounded from a boat

Associated Press

BOSTON — As the lone surviving suspect in the Boston Marathon bombing lay hospitalized under heavy guard, the American Civil Liberties Union and a federal public defender raised concerns about investigators' plans to question him without reading him his rights.

What Dzhokhar Tsarnaev will say and when are unclear.  He remained in serious condition Sunday and apparently in no shape for interrogation after being pulled bloody and wounded from a tarp-covered boat in a Watertown backyard. The capture came at the end of a tense Friday that began with his 26-year-old brother, Tamerlan, dying in a gun battle with police.

There was no immediate word on when Tsarnaev might be charged and what those charges would be. The twin bombings killed three people and wounded more than 180.

The most serious charge available to federal prosecutors would be the use of a weapon of mass destruction to kill people, which carries a possible death sentence. Massachusetts does not have the death penalty.

U.S. officials said an elite interrogation team would question the Massachusetts college student without reading him his Miranda rights, which guarantees the right to remain silent and the right to an attorney. Such an exception is allowed on a limited basis when the public may be in immediate danger, such as instances in which bombs are planted and ready to go off.

ACLU Executive Director Anthony Romero said the legal exception applies only when there is a continued threat to public safety and is "not an open-ended exception" to the Miranda rule.

The federal public defender's office in Massachusetts said it has agreed to represent Tsarnaev once he is charged. Miriam Conrad, public defender for Massachusetts, said he should have a lawyer appointed as soon as possible because there are "serious issues regarding possible interrogation."

But Republican Rep. Mike Rogers told NBC's "Meet the Press" that he's not worried that the government has decided against reading the suspect his rights. Rogers said FBI agents need to know whether there are other bombs more than they need to use in court what the suspect might tell them.

Rogers, a former FBI agent, said there is so much evidence against the suspect that a conviction should be easy.

President Barack Obama said there are many unanswered questions about the bombing, including whether the Tsarnaev brothers - ethnic Chechens from southern Russia who had been in the U.S. for about a decade and lived in the Boston area - had help from others. The president urged people not to rush judgment about their motivations.

Massachusetts Gov. Deval Patrick said Sunday that he has no idea what motivated the suspects. Speaking on CBS' "Face the Nation," Patrick said it's hard to imagine why someone would deliberately harm "innocent men, women and children in the way that these two fellows did."

Patrick also said law enforcers believe the immediate threat ended when police killed one suspect and captured the other.  Boston Mayor Tom Menino also said on ABC's "This Week" that information he has indicates the two brothers suspected in the attack acted alone.

Patrick said Saturday afternoon that Dzhokhar Tsarnaev was in serious but stable condition and was probably unable to communicate. Tsarnaev was at Boston's Beth Israel Deaconess Medical Center, where 11 victims of the bombing were still being treated.

"I, and I think all of the law enforcement officials, are hoping for a host of reasons the suspect survives," the governor said after a ceremony at Fenway Park to honor the victims and survivors of the attack. "We have a million questions, and those questions need to be answered."

On Sunday, Boston-area residents were coming together in prayer and reflection after a tumultuous week that began with Monday's bombings at the Boston Marathon. Cardinal Sean O'Malley was offering a Mass to pray for those killed and injured in the attack and manhunt for the suspects. The service will also honor police, firefighters, EMTs and doctors who saved lives.

A Boston synagogue was opening its doors to worshippers from Trinity Church, which sits in the shadow of the Marathon finish line and remains closed. An interfaith service will also be held Sunday near the finish line. The Rev. Nancy Taylor of the Old South Church said worshippers will be showing solidarity with the bombing victims.

The all-day manhunt Friday brought the Boston area to a near standstill and put people on edge across the metropolitan area.

The break came around nightfall when a homeowner in Watertown saw blood on his boat, pulled back the tarp and saw a bloody Dzhokhar Tsarnaev hiding inside, police said. After an exchange of gunfire, he was seized and taken away in an ambulance.

Raucous celebrations erupted in and around Boston, with chants of "USA! USA!" Residents flooded the streets in relief four days after the two pressure-cooker bombs packed with nails and other shrapnel went off.

During the long night of violence leading up to the capture, the Tsarnaev brothers killed a Massachusetts Institute of Technology police officer, severely wounded another lawman and took part in a furious shootout and car chase in which they hurled explosives at police from a large homemade arsenal, authorities said.

Watertown Police Chief Edward Deveau said one of the explosives was the same type used during Monday's Boston Marathon attack, and authorities later recovered a pressure cooker lid that had embedded in a car down the street. He said the suspects also tossed two grenades before Tamerlan Tsarnaev ran out of ammunition and police tackled him.

But while handcuffing him, officers had to dive out of the way as Dzhokhar drove the carjacked Mercedes at them, Deveau said. The sport utility vehicle dragged Tamerlan's body down the block, he said. Police initially tracked the escaped suspect by a blood trail he left behind a house after he abandoned the Mercedes, negotiating his surrender hours later.

Chechnya, where the Tsarnaev family has roots, has been the scene of two wars between Russian forces and separatists since 1994. That spawned an Islamic insurgency that has carried out deadly bombings in Russia and the region, although not in the West.

Investigators have not offered a motive for the Boston attack. But in interviews with officials and those who knew the Tsarnaevs, a picture has emerged of the older one as someone embittered toward the U.S., increasingly vehement in his Muslim faith and influential over his younger brother.

The Russian FSB intelligence service told the FBI in 2011 about information that Tamerlan Tsarnaev was a follower of radical Islam, two law enforcement officials said Saturday.

According to an FBI news release, a foreign government said that Tamerlan Tsarnaev appeared to be a strong believer and that he had changed drastically since 2010 as he prepared to leave the U.S. for travel to a region in Russia to join unspecified underground groups.

The FBI did not name the foreign government, but the two officials said it was Russia. The officials spoke on condition of anonymity because they were not authorized to talk about the matter publicly.

The FBI said that in response, its agents interviewed Tamerlan Tsarnaev and relatives, and did not find any domestic or foreign terrorism activity. The bureau said it looked into such things as his telephone and online activity, his travels and his associations with others.

An uncle of the Tsarnaev brothers said he had a falling-out with Tamerlan over the man's increased commitment to Islam.

Ruslan Tsarni from Maryland said Tamerlan told him in a 2009 phone conversation that he had chosen "God's business" over work or school. Tsarni said he then contacted a family friend who told him Tsarnaev had been influenced by a recent convert to Islam.

Tsarni said his relationship with his nephew basically ended after that call.

As for Dzhokhar Tsarnaev, "he's been absolutely wasted by his older brother. I mean, he used him. He used him for whatever he's done," Tsarni said.

Albrecht Ammon, a downstairs-apartment neighbor of Tamerlan Tsarnaev in Cambridge, said in an interview that the older brother had strong political views about the United States. Ammon quoted Tsarnaev as saying that the U.S. uses the Bible as "an excuse for invading other countries."

Tamerlan Tsarnaev studied accounting as a part-time student at Bunker Hill Community College in Boston for three semesters from 2006 to 2008, the school said. He was married with a young daughter. Dzhokhar Tsarnaev was a student at the University of Massachusetts Dartmouth.

As of Saturday, more than 50 victims of the bombing remained hospitalized, three in critical condition.

Associated PressCopyright 2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Copyright 2013 Associated Press






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