Three friends of Boston bomb suspect face federal charges
Lawyers say their clients have cooperated with investigators
They're accused of taking items from Dzhokhar Tsarnaev's dorm room
Tsarnaev texted friends, "Come to my room and take whatever you want"
A laptop, some empty fireworks and a jar of Vaseline landed three friends of Boston Marathon bomb suspect Dzhokhar Tsarnaev in jail Wednesday, charged with trying to throw investigators off their buddy’s trail.
Those are the items federal prosecutors say Azamat Tazhayakov, Dias Kadyrbayev and Robel Phillipos took from Tsarnaev’s dorm room at the University of Massachusetts-Dartmouth in the hours after the FBI released photos of Tsarnaev and his brother Tamerlan, the suspects in the marathon bombings. According to FBI affidavits, they quickly recognized their friend from the pictures.
When Kadyrbayev texted his friend to tell him “he looked like the suspect on television,” Tsarnaev texted back “lol” and added, “come to my room and take whatever you want,” the affidavit states. Phillipos, Tazhayakov and Kadyrbayev went to the room, where Kadyrbayev noticed a backpack containing fireworks that had been “opened and emptied of powder,” according to the affidavit.
“Kadyrbayev knew when he saw the empty fireworks that Tsarnaev was involved in the marathon bombing,” the affidavit states.
All three are accused of removing items from Tsarnaev’s dorm room after the April 15 bombings, which killed three people and wounded more than 260. According to the affidavit, they left with the backpack, the Vaseline – which Tazhayakov believed could be used to make bombs – and Tsarnaev’s laptop.
By the time they got back to the apartment in New Bedford that Tazhayakov and Kadyrbayev shared, the Tsarnaev brothers had been named as bomb suspects, and the three friends “started to freak out,” Phillipos recounted after what the affidavit stated had been four previous interviews.
“According to Kadyrbayev, they collectively decided to throw the backpack and fireworks into the trash because they did not want Tsarnaev to get into trouble,” the affidavit states.
Investigators found the pack, fireworks and Vaseline in a landfill last week after a two-day search. The complaint doesn’t state what happened to the laptop.
Kadyrbayev and Tazhayakov, both from Kazakhstan, were already in federal custody on immigration charges. They’re charged with obstruction of justice, while Phillipos, a U.S. citizen, is charged with lying to federal agents probing the bombing.
Probe stretches from Boston to Russia
Wednesday’s developments come after more than two weeks of intensive investigation that has stretched from Boston to the restive Russian republic of Dagestan, where the Tsarnaev brothers’ parents now live.
Federal officials say investigators remain very interested in talking with Tamerlan Tsarnaev’s widow, Katherine Russell, about what she may have known about her husband’s travel and associations, as well as about any encounters she may have had with the two suspects in the aftermath of the attack.
Russell spoke to her husband after his picture appeared on national television as a suspect, two sources familiar with the investigation told CNN on Wednesday. The nature of the conversation remains under investigation, but the sources said there was some concern that Russell spoke with her husband but did not call authorities who were still seeking to identify the men in the photos.
Russell’s lawyers had no immediate comment on that report. On Tuesday, attorney Amato DeLuca said Russell “will continue to meet with law enforcement, as she has done for many hours over the past week, and provide as much assistance to the investigation as she can.”
Officials say Dzhokhar Tsarnaev has told investigators his brother was the mastermind of the attack. Investigators are looking into whether Tamerlan Tsarnaev was influenced toward radical Islam during a six-month visit in 2012 to Dagestan, a region where Russian forces are battling jihadist guerrillas.
The elder Tsarnaev’s body remained unclaimed in a state medical examiner’s morgue Wednesday. His wife wants his family to claim the body, DeLuca said Tuesday.
Of the scores of people injured in the blasts, 17 remain in five Boston-area hospitals, though none is in critical condition, according to information the hospitals provided to CNN on Thursday. Three people have been discharged since Tuesday, according to the hospitals’ figures.
Lawyers say Dzhokhar’s friends cooperated
Dzhokhar Tsarnaev’s friends made their first appearance before a judge Wednesday afternoon, when they were read the charges against them and informed of their rights.
All three started at the University of Massachusetts-Dartmouth in 2011, along with Tsarnaev. Only Tazhayakov is still enrolled, and he’s been suspended “pending the outcome of the case,” university spokesman Rob Lamontagne said.
They waived bail requests until a later court date. At one point, Magistrate Judge Marianne Bowler admonished Phillipos, “I suggest you pay attention to me, rather than looking down.”
Tazhayakov and Kadyrbayev appear in a photograph with Dzhokhar Tsarnaev taken in New York’s Times Square during an earlier visit. They were taken into custody last month on charges that they had violated the terms of their student visas, Kadyrbayev attorney Stahl said last week.
All three were questioned at length on April 19, when the manhunt for Tsarnaev was in full swing. Tsarnaev’s brother Tamerlan had been killed in a gun battle with police early that morning, while Tsarnaev was captured alive but badly wounded that night. Dzhokhar Tsarnaev is being treated for gunshot wounds at a federal Bureau of Prisons medical center in Devens, Massachusetts.
About a month before the marathon attack, Tsarnaev had told Kadyrbayev and Tazhayakov “that he knew how to make a bomb,” according to an FBI affidavit recounting the charges. Kadyrbayev told investigators that Tsarnaev “appeared to have given himself a short haircut” two days after the bombings.
Kadyrbayev’s lawyer Robert Stahl said his client “did not have anything to do” with the bombing and disputed charges that he tried to obstruct the investigation. And Harlan Protass, who represents Tazhayakov, said his client “has cooperated fully with the authorities and looks forward to the truth coming out in this case.”
On Wednesday, he said Kadyrbayev was accused of a “technical violation” of a student visa “for not regularly attending classes.” Federal law enforcement sources said at the time that the Kazakh students were being detained “in an abundance of caution” because authorities wanted detailed information on the Tsarnaevs’ movements in the weeks and days before the attack.
Phillipos faces up to eight years in prison if convicted, along with a $250,000 fine; the charges against Kadyrbayev and Tazhayakov carry sentences of up to five years and $250,000 in fines.
Alan Dershowitz, a prominent defense attorney and Harvard law professor, called the obstruction charge “weak,” suggesting it was meant to pressure the suspects into providing more information on Tsarnaev.
“If that’s the best the feds have now, then they’re just squeezing,” Dershowitz told CNN. “It doesn’t sound like they have very much new here.”
One of the reasons Kadyrbayev drew investigators’ attention was because of changes to his Facebook page, a source briefed on the Boston probe said. Kadyrbayev and Dzhokhar Tsarnaev changed their profile photos within 15 minutes of each other in the pre-dawn hours of April 19, while the Tsarnaevs were on the run, the source said.
Tsarnaev, who appears to have had access to a wireless device at that time, changed his to a black-and-white photo, while Kadyrbayev changed his photo to one of him wearing an Iron Man mask, the source said.
CNN’s Susan Candiotti, Deborah Feyerick, Gloria Borger, Carol Cratty, Jake Tapper, Brian Todd, Pamela Brown, Kathleen Johnston and Lorenzo Ferrigno contributed to this report.