[doc 1563 w ex] 10-13-2015 govt opp to defendant's mtn

7/25/2019 [Doc 1563 w Ex] 10-13-2015 Govt Opp to Defendant's Mtn

1/32

U N IT E D S T AT E S D I S T R I C T

COURT

D ISTRICT OF

M A S S A C H U S E T T S

UNITED STATES OF AMERICA

V

DZHOKHAR A. TSARNAEV

Defendan t

C r i m . N o. 1 3 - 1 0 2 0 0 - G A O

UNDER SEAL

G O V E R N M E N T S

M O T I O N TO

S E A L

The United States respectfully moves to seal the attached opposition and exhibits. As

roun s therefor the government statesthat the motionrefers to non-public information that the

Court has already decided should remain sealed.

Respectfully submitted

C AR M EN M . O RT IZ

United States Attorney

By: /s/ William D. Weinreb

W I L L I A M D . W E I N R E B

A L O K E

S.

C H A K R A V A R T Y

N A D I N E P E L L E G R I N I

Assistant U.S. Attorneys

S T E V E N

D .

M E L L I N

Trial Attorney

Department

of

Justice

CERTIFICATE OF

S E R V I C E

I hereby certify that this document will be served by electronic mail on Dzhokhar

Tsamaev s attorney Judy Clarke Esq. on October 13 2015.

A William

D . W ein re b

S T E V E N

D . M E L L I N

Case 1:13-cr-10200-GAO Document 1563 Filed 10/13/15 Page 1 of 1


2/32

IN

T H E U N IT E D S T A T E S

D I S T R I C T

C O U R T

D IS T R IC T O F M A S SA C H US E T TS

U NIT ED S TA T E S O F A M ER IC A

D Z H O K H A R

T S A R N A E V

N o . 1 3 1 0 20 0 G A O

F i l e d

under

s e a l

G O V E R N M E N T S O P P O SI T IO N

TO D E F E N D A N T S

M O T I O N

T O

B A R G O V E RN M E N T A C CE SS T O B O P R E C OR D S AN D O T H E R I N F O R M A T I O N

TheUnited States, by undersignedcounsel, respectfullyopposes Tsamaev s motion

captioned Motion For Order to Maintain Protection

of

Privileged and Confidential Defense

Information and Work Product. Tsamaev requests an order hairing the prosecution team from

obtainingcertain records regardinghis pretrial and post-trial confinement as well as thepretrial

and post-trial administrationof the SAMs. The Court shoulddeny the motion. The records in

question are not privileged, confidential,or workproduct. They are, on the contrary,records that

are routinely obtained by prosecutors either automatically or upon request. Tsamaev is

essentially askingthis Court to applydifferentrules to him than apply to the other 200,000-plus

inmates in federal custody. As shownbelow,there is no lawfulbasis or good reasonfor doing

s

CKGROUND

OnMay 7, 2013just days after Tsamaev was first transferred to FMC-Devens~

Tsamaev moved for an order compelling BOP to provide a copy ofhis entire BOP file to his

attomeyson a weekly basis. (Dkt. 30). Tsamaev s motion included this second request aswell:

BO P counsel L es O we ns a d vi s es t h at w h i le d e fe n se c o un s el mu s t

obtain a

release

for medical files, and a court order for production of the remaining BOP files, all

of these files are freely available to the prosecution,simply upon their request and

without a court order. Defense counsel object to this unrestricted, free access to

informationregardingtheir client in this potentialcapital prosecution, and seek a

Case 1:13-cr-10200-GAO Document 1563-1 Filed 10/13/15 Page 1 of 12


3/32



4/32



5/32



6/32



7/32



8/32



9/32



10/32



11/32



12/32



13/32



14/32

ffto of tf c

^ttornep

General

B C 20530

A ugust 7 2013

L IMITED OFFIC IAL U SE

MEMORANDUM

FOR

CHARLES E. SAMUELS, JR.

DIRECTOR

FEDERAL BUREAU OF

PRISONS

FROM: ATTORNEY GENERAL

SUBJECT: Origination of Special Administrative Measures Pursuant to

28 C.F.R. 501.3 for Federal Bureau

of

Prisons

Pretrial Inmate Dzhokhar

Tsamaev

FederalBureau

of

Prisons BOP)pretrial inmateDzhokharTsamaev is charged in a

thirty-count indictmentwith,

among

otherthings, useof a

weapon

of massdestruction,

bombing

a placeof public use, carjacking, conspiracy, and firearms violations. Tsamaevis currently

housed byBOPat the Federal

Medical Center

Devens in

Ayer,

Massachusetts, pending

trial.

The

United

StatesAttomeyfor theDistrict of

Massachusetts

USA/DMA has requested that

SpecialAdministrativeMeasures SAM)be imposedon Tsamaevbecause there is a substantial

risk thathis communications or contacts withpersons couldresultin deathor serious

bodily

injury topersons. TheFederalBureau of Investigation

FBI

concurs in this request.

As detailed in the attachedrequest

jfrom

the USA/DMAand as later supplemented

telephonically, on April 15,2013, Tsamaev and his brother,Tamerlan Tsamaev, carried out a

pre-meditatedand coordinated detonationof improvised explosivedevices in Boston,

Massachusetts, that killed, dismembered, or injureddozensof peopleduringtheBoston

Marathon. Tsamaevandhis brother were inspired to committhe attackbyAnwaral-Aulaqui, a

deceased leaderof al-Qaeda, andusedbomb-making instructions from Inspire, an al-Qaeda

publication. Tsamaevemployed operational tradecraft in communicating duringthe timeleading

up to the bombing including purchasinga dedicatedcell phone to communicatewith respect to

the bombings), and in disposing of evidence afterthe attack, including discarding a remaining

bomb detonator and smashing his cell phones.

L IMITED OFFIC IAL

U S E



15/32



16/32



17/32



18/32



19/32



20/32



21/32



22/32



23/32



24/32



25/32



26/32



27/32



28/32



29/32



30/32



31/32

GREEMENT TO PROTE T

DEFENSE

INFORM TION ND

WORK

PRODU T

Recognizing that theBureauofPrisons

requii-es

advance

cieai-ance

ofvisitors (see

BP-A660.012), maintains a log ofvisitors, andreservestherightto inspectmaterials

provided

to,

shown

to, orreviewed withthe

defendant, Dzhokliar

Tsamaev; recognizing

that the Special AdministrativeMeasures SAMs imposed inthiscaseonAugust 27,

2013 require legalvisitors to signan affirmation ofcompliance withtheSAMs, which

is maintained bytheU.S.Attorney and

forwarded

to theU.S.Marshal andBureauof

Prisons (SAM,2a);and recognizing thatthe defense wishes to keepcertaininformation,

including defenseworkproduct,confidential, thepartiesherebyagreeas follows:

1. No one onthe Prosecution

Team^ and

no person involved inthestate prosecution

ofMr. Tsamaev, includingbut not limited to anyoneworking in theMiddlesex

CountyDistrict Attorney s Office,shall receive or be providedwith any

information regardingmaterials, electronic or otherwise, shown toMr.Tsamaev,

providedtoMr.Tsamaev,or reviewed bymembersof thedefense teamwithMr.

Tsamaev ( defensematerials ). Specifically, withoutlimitation, BOPshallnot

provideanyinformationto theProsecution Teamor theMiddlesex County District

Attorney s Office concerning inspection

of

defensematerials (e.g., the nature,

titles, and content of such materials).

2. No

one

on the Prosecution Team shall be involved in clearing or approving

visitors, including defense experts,to Mr. Tsamaev. All SAM affirmationsand

BOP clearance forms henceforth shall be maintained by individuals who are not

part

of

theProsecutionTeam. Nooneon theProsecution Teamshall beprovided

with a copyof the visitors logxmtil the defensehas had an opportunityto redact

the names of defense experts, and the dates

of

their visits.

For purposes

of

this agreement, Prosecution team means theDistrict

of

Massachusetts

U.S. Attomey s office, the United StatesDepartment

of

Justice, and all state and federal

lawenforcement agents andofficers involvedin the investigationor prosecutionof the

federal case against Mr. Tsamaev.



32/32


[doc 1563 w ex] 10-13-2015 govt opp to defendant's mtn

Documents