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Published by Frank Pokorney

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Published by: Frank Pokorney on Apr 23, 2013
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11UNITED STATES DISTRICT COURTDISTRICT OF MASSACHUSETTS23* * * * * * * * * * * * * * **UNITED STATES OF AMERICA *4 * CRIMINAL ACTIONv. * No. 13-MJ-02016-MBB5* *DZHOKHAR TSARNAEV *6 ** * * * * * * * * * * * * * *78910BEFORE THE HONORABLE MARIANNE B. BOWLERUNITED STATES MAGISTRATE JUDGE11INITIAL APPEARANCEApril 22, 20131213APPEARANCES:14UNITED STATES ATTORNEY'S OFFICE (By AUSA WilliamWeinreb and AUSA Aloke S. Chakravarty) 1 Courthouse Way,15Suite 9000, Boston, Massachusetts 02210, on behalf ofthe United States of America16OFFICE OF THE FEDERAL PUBLIC DEFENDER, (By Miriam17Conrad, Esq., William Fick, Esq., and Timothy Watkins,Esq.) 51 Sleeper Street, 5th Floor, Boston,18Massachusetts 02210, on behalf of the Defendant192021 Beth Israel Deconess Medical Center330 Brookline Avenue22 Boston, Massachusetts 0212523James P. Gibbons, RPR, RMR24Official Court Reporter1 Courthouse Way, Suite 720525Boston, Massachusetts 02210jmsgibbons@yahoo.com 
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21P R O C E E D I N G S2THE COURT: I will ask the doctor whether or not3the patient is alert.4You can rouse him.5DR. ODOM: How are you feeling?6Are you able to answer some questions?7THE DEFENDANT: (Defendant nods affirmatively.)8THE CLERK: United States District Court for the9District of Massachusetts is now in session, the Honorable10Marianne B. Bowler presiding.11Today is Monday, April 22, 2013. The case of U.S. v.12Tsarnaev, Magistrate Judge No. 13-2106, will now be heard.13Will counsel please identify themselves for the record.14MR. WEINREB: Good morning, your Honor. William15Weinreb for the United States.16MR. FICK: Good morning, your Honor. William Fick17for Mr. Tsarnaev.18THE COURT: And you have had an opportunity to19speak with him?20MR. FICK: Very briefly, your Honor.21THE COURT: So you have your lawyers here.22THE DEFENDANT: (Defendant nods affirmatively.)23THE COURT: Mr. Tsarnaev, I am Magistrate Judge24Bowler. This hearing is your initial appearance before the25Court. We are here because you have been charged in a
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31federal criminal complaint.2At this hearing, I will advise you of your3constitutional and legal rights. I will tell you about the4charges against you and the penalties that the Court could5impose if you are found guilty.6You have been charged with (1): Use of a weapon of7mass destruction, in violation of 18, United States Code,8Section 2332a(a); and malicious destruction of property9resulting in death, in violation of 18, United States Code,10Section 844(i).11Mr. Weinreb, what are the maximum penalties?12MR. WEINREB: Your Honor, the maximum penalty on13each count is death, or imprisonment for any term of years,14or life.15THE COURT: Is there a fine?16MR. WEINREB: A fine of up to $250,000.17THE COURT: I will tell you about your right to18counsel, and I will consider conditions of release pending19further court proceedings; that is, whether or not you20should be detained and what amount of bail should be set.21This is not a trial, and you will not be called upon to22answer the charges at this time.23If at any time I say something you do not understand,24interrupt me and say so; is that clear?25THE DEFENDANT: (Defendant nods affirmatively.)
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