Dzhokhar Tsarnaev Wants Better Prison Restrictions

The accused bomber’s lawyers argue his conditions are unconstitutional.

Dzhokhar Tsarnaev’s lawyers are arguing that he deserves less stringent restrictions on his imprisonment in a motion filed with the U.S. District Court in Boston. Attorneys for the accused Boston Marathon bomber say the limits on his communication with the outside world were put in place because of his accused crimes, not because of his behavior since being arrested, and thus he’s being denied his Constitutional rights to due process:

He is confined to his cell except for legal visits and very limited access to a small outdoor enclosure, on weekdays, weather permitting. The purported basis for these conditions lies in the crimes he is alleged to have committed prior to arrest, not any behavior during his confinement.

He’s also not allowed access to television, radio, or a roommate. He can’t pray with others, write letters more than once a week, or receive family photos. His lawyers note that the U.N. considers solitary confinement to be torture. (There is agitation to ease up on the use of solitary in Massachusetts, though we doubt advocates will seize on Tsarnaev—or Aaron Hernandez, for that matter—as a frontman for its ill effects.) His lawyers argue:

The government has not made any persuasive showing why these restrictions are necessary, nor has it demonstrated that less restrictive alternatives would not suffice.

In addition to being an actual legal motion intended to undo Attorney General Eric Holder’s ruling that Tsarnaev’s ability to communicate with people might result in death or injury it’s, inevitably, a big piece of schadenfreude for those less inclined to care about Tsarnaev’s access to television. “awwwwwwwwwwwwwwwwww … isn’t that too flippin bad !!!” says one  kindhearted Boston.com commenter. “Put him in general population. Won’t last long. Save the tax payers,” says a fiscally responsible Boston Herald user.

To be clear, we doubt that either the government or the lawyers want to put Tsarnaev with the general population. This is merely about whether there’s a public safety interest in limiting his contact with the family, friends (and groupies?) through means like letter writing and television. We’ll see what comes of the request.

  • TycheSD

    It would take a high-profile case like this one to increase public awareness of the nature of long-term incarceration in this country – and how, for all intents and purposes, it amounts to torture. Certainly, many don’t see any reason to treat someone like Dzhokhar Tsarnaev in a humane fashion. But, many will look into how these types of prisoners are kept – and be shocked, as I was.

  • Michael C Medeiros

    There are several people that should be locked up, for the marathon fiasco. This 20 year old patsy is not one of them. Why don’t we start with the head of Fema (the planner of the fiasco). Yes his presence at the marathon was at first confusing,until you see the plan that got him his position was the marathon bombing. This man along with several other government puppets should be tried for murder, weapons of mass destruction as well as treason. This statement comes from months of intense research. So until you have done the same,please refrain from leaving ill informed comments.

  • public_servant_watch

    The criminals are on the outside. The Boston Marathon bombing was a government orchestrated event and now all three branches of the federal government are colluding to cover-up the fact that the US government terrorizes its own people. The document at docket 110 exhibit 1 supposedly by Holder does not even have his signature. The criminal proceedings are in whole simulated. Since the following pics of court document and description of the fraud in the court itself in this case two more orders allowing the sealing of documents have appeared on the master docket and these were entered by the docket clerk with no explanation to explain the rationale behind the supposed judicial order. The court rules state that deputy clerks have authority to enter an electronic order if appropriate. The docket clerk does not have the authority to deny a second capital case attorney or seal documents. The case is a farce on the tax payers back. The young defendant is having his rights egregiously violated.

    https://pbs.twimg.com/media/BVbu_INCEAAIqqe.jpg:large

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    • 7worldtraveler

      See a doctor. Your meds need adjusting.

      • Michael C Medeiros

        You need to do some real research,not media apparently you have no clue to lifes events. The media reports the propaganda there told to get a clue.

        • 7worldtraveler

          It’s “they’re” not “there.” You need to do some real research.

          • Michael C Medeiros

            You still around asshole? I’m still waiting who died that is close to you at the Marathon? I doubt anyone did. You just like attention poor sick you.

          • 7worldtraveler

            Michael C. Medeiros— you’re old enough to be bald but not old enough to be mature, apparently. Mature people don’t need to use vulgarities when others disagree with them.

          • Michael C Medeiros

            No surprise here, Didn’t think you would answer the question. You think you might ever see the truth? When there taking you to the camps maybe you can reflect. Hmmm I must have been wrong.

          • 7worldtraveler

            What do you think the New Bedford School System will think about you swearing at other posters?

          • Michael C Medeiros

            Who cares what they think.

      • public_servant_watch

        You have a problem with your vision. Perhaps you should see a doctor!! You moron sheep who refuse to process what is in front of your eyes are getting on my last nerve. If you chose to not fight for your country that is controlled by a corrupt government you are either one of the corrupt or need to leave because you are impeding progress.

  • 7worldtraveler

    Poor Dzhokhar. His accommodations aren’t up to snuff. Hint: don’t randomly murder innocent children & blow legs off of others. He isn’t being tortured. We are paying for his high priced defense. He’s ALIVE, which is more than can be said for this murderers victims.

    • Michael C Medeiros

      For a world traveler, you speak like a very ill informed person.

      • 7worldtraveler

        Michael, that’s not the way it works. Just because I disagree with you, it doesn’t make me wrong. I was personally affected by these bombings so get off your high horse.

        • public_servant_watch

          You’re terribly smug–Do you really think that there is an American out there that was not AFFECTED? News flash – you’re not special!!

          • 7worldtraveler

            Did someone you know DIE as a result of the bombing, asshole?

        • Michael C Medeiros

          Disagree, Are you incapable of of seeing the truth through obvious lies you moron? You say people are mentally ill for speaking the proven facts of this case. Your obviously a sheep of the worst kind. Wake up even idiots can see the truth, all you have to do is look at everything the prosecution has. If you can’t see blatantly obvious bullshit, and refuse to believe the media is wrong. Then it’s people like you that have them thinking they can do these things with no worries of facing any charges. They lie, idiots defend them, Again wake up it’s not to late.

    • public_servant_watch

      He didn’t blow anyone’s leg off and he killed no one. You got scammed!!!

    • emerald98

      Agreed. This guy really believe either he would never be caught or he would be a martyr, either way he understood little about Islam and he believed what Alawaki said, again a man with little understanding of religion, but a man in a quest for power and recognition. People kill Muslims all over the middle east, just look at Syria, killing each other – yet he cherry picks one country to reek havoc on. Make no sense, especially since they were both from the Chechen/Dagestan area where Muslim constantly battle Russian forces, they kill Muslims all the time. Why not go and fight there to unleash his hate and violence on them. This is all about malcontent and arrogance, needing to be someone, so why not a terrorist. I bet if I interpret the bible or the Koran myself and find a passage to use to solidify a defense for myself why I should kill someone.

  • Evella Beltz

    People need to RESEARCH……Our own government is terrorizing our OWN American people & putting the blame onto others. The Boston bombing was an inside job on the American people. It’s hard for some that do not believe our own government would do such but do the research & maybe more will wake up..

  • Shama

    You guys are so knowledgeable about this case , I also have been following it for months. Please spread the word other

  • Shama

    Blogs have such ignorant comments under them . After all the shadiness for the last several months why don’t people

  • public_servant_watch

    Interesting that Special Administrative Measures were never even mentioned as discussed by any media report regarding the September 23rd conference the Government and Defense Attorneys had before Judge O’Toole. So Holder can institute these measures with a chicken scratch initial at the top of the paper and apply no official signature to the document. A document with a supposed government seal that has no signature by the top attorney in the country and never makes it into the record at the Government Printing Office seems a bit strange; at least we have consistency with the continued corruption in this matter!!

    Perhaps Holder could also explain why this young defendant returns INMATE NOT FOUND with a federal custody search!!! If he is such a danger shouldn’t the BOP and Devens facility be reflecting an accurate inmate roster that shows this “DANGEROUS” kid to be in actual federal custody?
    http://documents.latimes.com/tsarnaev-detention-documents/

    • public_servant_watch

      Excerpt from SAM regarding restrictions ordered by Eric Holder! You’re getting screwed people; right along with this kid!! Government orchestrated event and they are continuing the corruption with the cover-up! You or yours may be next!