UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA : : v. : Crim. No. 13-10238-DPW : DIAS KADYRBAYEV, et al. :
DEFENDANT DIAS KADYRBAYEV’S MOTION TO DISMISS INDICTMENT, OR ALTERNATIVELY A BILL OF PARTICULARS AND TO STRIKE SURPLUSAGE
Defendant Dias Kadyrbayev, through undersigned counsel, respectfully requests that pursuant to Fed.R.Crim.P. 12, the Court dismiss Counts One and Two of the indictment, finding that the statute of prosecution, 18 U.S.C. § 1519, is vague, overbroad, and constitutionally infirm, in violation of the Due Process Clause of the Constitution’s Fifth Amendment. Defendant also moves this Court for an order, pursuant to Federal Rule of Criminal Procedure 7, dismissing the indictment for failure to state an essential element of specific intent. Alternatively, the defendant seeks clarity as to the means and method by which he has alleged to have committed obstruction, and moves for a bill of particulars to provide sufficient notice of the conduct he is alleged to have committed and to enable him to raise legal defenses. Finally, Defendant moves to strike as surplusage from the Indictment references to terrorism and to the emotional and difficult facts of the bombing.
REQUEST FOR ORAL ARGUMENT PURSUANT TO RULE 7.1(D)
Oral argument is requested to address issues not decided in this Circuit and the other issues raised herein.
Case 1:13-cr-10238-DPW Document 117 Filed 04/11/14 Page 1 of 21