Widely published photographs reveal that, near the crime scene, at or about the time of the explosions, there were men in military-style jackets, pants, boots, and hats with identical logos carrying large black backpacks that matched perfectly the findings of the FBI crime lab. But these men were not investigated, questioned, or charged. The presence of these individuals was never mentioned during the trial of Mr. Tsarnaev.
Instead, Dzhokhar's court-appointed lawyer forcibly told the jury he was guilty, although, as she well knew, FBI-generated evidence proved that Dzhokhar, at the time and place of the explosions, was carrying a backpack totally different from the backpack that the FBI proved was carried by the guilty party.
On January 7, 2016, as directed by Maret Tarnaeva, I sent a petition to Loretta Lynch, Attorney General of the United States who is now the legal custodian of Mr. Tsarnaev. This petition describes and includes key exhibits of public record, and requests her to intervene in the case in order to prevent wrongful conviction and execution. The attorney general is obligated to intervene under rules of legal ethics promulgated by the American Bar Association that are universally accepted throughout the United States.The governing principle is that a public prosecutor must refuse to charge, or must seek dismissal of an accusation, when evidence in the possession of public authority shows that there is no probable cause, or that probable cause, once established, no longer exists or ceases to be credible. This principle has been faithfully observed in our time by Cyrus Vance Jr., state district attorney in New York City, in the prosecution of Dominique Strauss-Kahn when it was discovered that the main witness against the accused was a con artist trying to shake him down, and also by Jim Mattox, attorney general of Texas, once it was learned that guilty pleas of Henry Lee Lucas were false in light of undeniable, objective evidence.
Federal prosecutors, court-appointed counsel for the accused, and the major news media are aware of the basic facts here outlined; yet, acting together, they have misled the general public, and managed to convict an individual obviously not guilty. The attorney general of the United States has been duly advised of the situation but has failed to do anything about it or even to acknowledge or reply to my letter.John Remington Graham of the Minnesota Bar (#3664X), jrgraham@novicomfusion.com
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