What If She Hadn’t Said “It was him?”

What if she’d been unable to sleep the night before? What if she’d had a flash of conscience or courage or both with her morning coffee? What if she’d come to the conclusion that the money wasn’t worth it, the reputation wasn’t worth it, the career itself wasn’t worth it – if she sacrificed her integrity now? After all, it’s a woman’s prerogative to change her mind.

What if Judy Clarke hadn’t said “It was him” in her opening statement?

So what if the defense team had already agreed to not resist conviction when the government pressured them. If she changed her mind and made a different opening statement than the one she’d rehearsed, the prosecution wouldn’t know what hit them until it was too late.

Ladies and gentlemen of the jury, the facts of this case are black and white. In fact, they couldn’t be more black and white. The prosecution has just stated that nearly two years ago, on April 15, 2013 to be exact, Dzhokhar Tsarnaev went to the Boston Marathon with a backpack over his shoulder, and inside that backpack was a homemade bomb.

The prosecution has just stated they’ll be showing you some of the surveillance video and photos from people who were at the marathon before the bombs went off, photos that the FBI used to identify the defendant and his brother as suspects in the bombing.

I look forward to your being shown these videos and photos. I have already seen them. Here is the story they tell: Dzhokhar Tsarnaev did bring a backpack to the Boston Marathon – a white backpack with dark trim. That is the sum total of what can be learned from the videos and photos you will be shown in this case.

You will also be shown another photo. This photo is of the exploded backpack said by the prosecution to have contained the second bomb, the bomb the defendant is accused of bringing to the marathon. This backpack is black, which matches the wording of the government’s indictment against the defendant.

Let’s think about that a moment. 

By the prosecution’s own evidence, they intend to prove that, per the precise wording of their indictment against him, Dzhokhar Tsarnaev brought a black backpack to the Boston Marathon that contained a homemade bomb. They will show you a black backpack that has been shredded after the bomb it contained, his bomb, the one he carried in the backpack that hung over his shoulder, exploded.  

And they intend to show you video of the defendant carrying a white backpack with dark trim over his shoulder as further proof.

That is fantastic – astounding! I don’t know how they’re going to do it. Black is not white. There can be no dispute about that among rational people.

No matter how greatly you can be made to grieve for the victims by stories, by tears, by graphic images of suffering, no matter how deeply you can be made to fear terrorism, no matter how strongly you can be induced to distrust Muslims, none of these things can change the fact that black and white are not the same color!

This cannot be explained away!

If, after seeing this evidence, you do find Dzhokhar Tsarnaev guilty, you will have the unenviable task of returning to your communities and explaining to your friends, families and neighbors how you decided, how you became convinced beyond a shadow of a doubt,  that white and black are the same color.

Dzhokhar Tsarnaev is innocent of the crimes for which he has been accused. His backpack and the prosecution’s own evidence concerning his backpack, proves his innocence.

Thank you.

18 thoughts on “What If She Hadn’t Said “It was him?””

  1. I read that his aunt Maret Tsarnaeva said that Judy Clark had said “he is innocent.” Moreover, Maret recognized her nephew Tamerlan during the arrest! And the bag that exploded is not that of Dzhokhar.

      1. Did he really do it or did nothing and was actually innocent? I am from France and I am the only one to believe that he is innocent here in France because we no longer have information about him I know just that there was a video that showed him do it and that His lawyer said he did! But I believe his aunt; she could not lie.

      2. He is actually innocent – falsely accused, wrongly convicted. And in actual fact, there is no video showing him committing the crime – that too was a fabrication and one that worked quite well to convict him in the minds of the public before the trial. I am one of a great number of persons who have broken free of the deception. Glad to see you are part of the awakening as well! Welcome to the truth!

      3. Yes indeed I do a lot of research because when I saw this young man I said to myself not possible according to what I hear from his friends, I did a lot of research and I saw a lot of incoherence in everything. I love your blog.

  2. JoseeJulie1. Wow, you should be on the case if Jahar EVER GETS AN APPEAL. Does anyone know if his Aunt is still trying to do so? And to whomever posted this site, thank you… great reads!

    1. Thank you Diane. And I believe it’s not if but when he gets a new trial. Who knows what doors God will open as Jahar’s appeal moves forward… I believe some powerful people are finding my blog and I am praying for God to influence them to do good for Jahar.

  3. You are right on Lynn, as usual!! So well said, and I believe many non-legal people could have defended Dzhokhar and had him found not guilty. It would have been so easy. A travesty of justice happened, and we will all have a hand in writing this wrong. It will happen for sure.

  4. Fantastic! It cannot be explained more thoroughly. You should have been the one defending Jahar. I really think she said that because she wanted to prove beyond a reasonable doubt that George O’Foole should have granted them a change of venue. Finding an impartial jury in Massachusetts was unthinkable.

    1. I never thought of that. It is possible… Whatever the reason, I wish she wouldn’t have said it. It is true and it basically guaranteed his conviction. Hopefully the change of venue issue combined with fact that he was convicted with no evidence presented will guarantee a new trial.

      1. If they really wanted to, it would have been very easy for them to defend Dzhokhar and totally dismantle the government’s case-in-chief. I sincerely hope that the Appeal Judge (s) will grant the defense motion to access those 13 remaining government ex-parte motions. Americans have a right to know the government’s dirty secrets. And I, a Canadian, am entitled to it also. If I was in Boston I would not hesitate one minute to bride (yes bride) district court employees to have those documents.

        I am sending you an email this morning – I need your help with a project – filing a complaint against O’Foole. There are only two grounds for which you can file a complaint against a judge – corruption and mental illness. In this instance I think both are valid reasons. I have examined his ruling and there is plenty that we can work with.

      2. I will watch for it. I am always glad to partner with you. You are a trusted and mature patriot and someone who has tirelessly sacrificed and worked for Dzhokhar’s defense. I am proud to know you Josee.

      1. No, I just think like one. I’ve had to bring cases as a plaintiff on multiple occasions so have learned how to strategize and spin things when necessary. Spinning not required in this case though… The truth is so obvious it was all that was required to win Jahar’s freedom and yet… here we are all these months later. This case reminds me of the first case I ever fought (and won btw). The strategy came to me suddenly the morning of mediation. I informed my attorney in the lobby when we ran into each other going thru security. It was a total change from what I’d been pushing all along… He was not happy but had no choice but to do what I said. We won. The simplicity of the strategy blind-sided the other side. Their attorney had no choice but to take his client out in the hall and explain why it would be suicide to proceed to a trial after the new and unexpectedly simple strategy and argument we had presented. I will never forget that feeling. It was wonderful. I wish Jahar’s appeal attorneys would hire me in some capacity like that TV show “Bull” where the main character plays a trial consultant. I looked that up. Trial consultants don’t have law degrees. They are just very good at psychology and spin. It’s a pipe dream but hey… everyone needs to dream once in awhile right? Thanks for reading and commenting.

      2. You don’t need to be a lawyer to look at evidence and see with your own eyes that it does not prove a crime. I strongly suggest that people read the trial transcripts and look very closely and seriously at the government exhibits. Anyone who does will be totally shocked out of their mind.

        Lynn is right when she refers to the indictment that charges Dzhokhar with carrying a black backpack. Look at government exhibit 22 and you will see with your own eyes that he was carrying a very light grey or white backpack.

        Look at exhibit 22 and you will find a still image of Dzhokhar at Back Bay – HE DOES NOT HAVE ANY LEGS! How did he manage to reach that position without any legs?

        Take a very good look at the MIT video portraying two little mice. Pay attention to the timing of the video and you will discover that the government (oh my God – they should fire their exhibit production team) places those two mice at the scene – AFTER the 911 call was received – AFTER Collier was already dead!

        Take a very good look at the Shell Station video when Dzhokhar exits the Mercedes. Was Dzhokhar sitting on Dun Meng’s lap? Meng said repeatedly that he was sitting in the front passenger seat which is the exact place from where Dzhokhar exited the Mercedes.

        While you are looking at that video take notice of Tamerlan’s sneakers – they are white and black. Then take a very close look at the government trial exhibits of the brothers on Laurel St. – Tamerlan’s sneakers are now solid white! (I would also fire the government prop team). Then look at the Podstava video of Tamerlan on the ground. (Yes it is Tamerlan)… His sneakers are again white and black – he was arrested on Adams and Mount Auburn not on Laurel St.

        You can clearly hear Dzhokhar calling his brother. Dzhokhar was fired at and arrested on Oliver Rd., just a corner from where his brother was.

        Read the pre-trial motions and merge the information with the trial. When you read the trial transcripts, pay attention to the questions that were asked by the defense when they cross-examined government witnesses and you will understand everything.

        Dzhokhar and Tamerlan are innocent of all crimes for which they have been accused. Dzhokhar is going to pay for the evil acts of others if his appeals are unsuccessful. Tamerlan has already paid with his life.

        I have been at it for over 4 years now and I look at this case from both sides.

        We are not lawyers but we have eyes and we can read. If Jahar’s appellate lawyers can say in their last two filings in the appellate court that the government and the district judge are protecting SECRETS, do you honestly think WE can be totally wrong in our non-legal analysis of this case?

        I am taking the time to look at this case because my conscience dictates it. I wish more people had a conscience.

      3. This is your calling and I am so grateful for your steadfast dedication to fulfill it.

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