Dias Kadyrbayev Motion to Suppress in Obstruction Case

Dias Kadyrbayev June 2014 Pre-Trial – Motions and Hearing in Boston Federal Court

Boston Marathon Aftermath Case:
Dias Kadyrbayev Pre-Trial Hearings Conclude
June 2-3, 2014 in Boston Federal Court
Defense Attorney Robert G. Stahl

WHDH NBC Boston June 2 2014 Coverage

Defense Attorney Robert G. Stahl replies to reporters outside the Boston Federal Courthouse who questioned why he allowed his client, Dias Kadyrbayev, to testify over two days of pre-trial hearings on his motion to suppress. The college student from Kazakhstan’s appearance was, “…the best way to get a full airing of what took place,” Stahl replied .

WFXT Fox 25 June 2, 2014 Coverage

Defense Attorney Robert G.  Stahl tells media outside Boston Federal Court
that Dias Kadyrbayev is happy to be able to describe the circumstances and his responses surrounding his being taken into custody and interrogated by the FBI in connection with the Boston Marathon aftermath case.

Bloomberg June 3 2014 Coverage

“Speaking to reporters yesterday outside the courthouse after testimony concluded for the day, Kadyrbayev’s attorney, Robert Stahl, said his client is pleased the judge is hearing about the circumstances surrounding his interrogation and his signature on a form acknowledging he waived his right to silence.

“‘It has to be a knowing, intelligent, voluntary waiver and that’s the issue being fleshed out for the judge today,’ Stahl said.”

Read the Complete Bloomberg Report

Wall Street Journal June 2 2014 Coverage

“BOSTON—A Kazakh man charged with trying to hamper the investigation into the Boston Marathon bombings said in federal court Monday he had been questioned for many hours last year without understanding his constitutional rights.

“Dias Kadyrbayev took the stand in a pretrial hearing to support his effort to suppress statements he allegedly made days after the April 2013 explosions, citing his limited command of English. Federal prosecutors are pushing back, saying his English was good enough and indicating he understood when his rights were explained.”

Read the Wall Street Jourmal Report
(Subscription May Be Required)

Ak Zhaik Report Coverage from Kazakhstan

“Under questioning by defense attorney Robert Stahl, Kadyrbayev said he asked at least twice during his interrogations if he needed a lawyer and was made to feel it was an unnecessary precaution by agents who encouraged a first-name buddy relationship with him. The hearing was held in federal court in Boston. ‘ He was a witness you kept restrained and handcuffed?’ asked Robert G. Stahl, Kadyrbayev’s attorney.”

Read the Ak Zhaik Report from Kazakhstan

Central Asian News Report Coverage

“‘It was highly unlikely that at the time of interrogation, Mr Kadyrbayev had the linguistic proficiency to understand the Miranda warning,’ Pavlenko testified at the hearing.”

Hearings Summary

Pre-trial decisions during four-plus days of Boston Federal Court hearings by U.S. District Judge Douglas Woodlock in May and June 2014 included a ruling to sever the trials of Dias Kadyrbayev, Azamat Tazhayakov, and Robel Phillipos.

The college students had been charged together in an indictment containing allegations of obstruction, and making false statements in connection with the Boston Marathon aftermath. Now each will have a separate trial.

Robert G. Stahl, of the New York and New Jersey Stahl Gasiorowski Criminal Defense Lawyers represents Dias Kadyrbayev, an exchange student from Kazakhstan who attended the University of Massachusetts at Dartmouth. The trial is set for September 8th before Judge Woodlock and a federal jury.

Kadyrbayev was the lone defendant permitted to advance his Motions to Suppress Statements and Searches by agreeing unequivocally to Judge Woodlock that he would testify and be cross-examined by the Government on the motions. Kadyrbayev’s co-defendants did not agree to the same arrangement and their motions to suppress statements and searches were dismissed.

Since Kadyrbayev agreed to testify and be cross-examined on the motions, attorney Stahl was permitted by the Court to cross-examine federal agents. Kadyrbayev’s appearance on the stand was delayed for two weeks to allow a forensic linguistic expert to return to the U.S. and also testify.

Testimony by the expert and Kadyrbayev is expected to center on his English skills at the time of interrogation, his inability to understand his Miranda rights; and the facts and circumstances surrounding his two days of detention and questioning after the bombing.

In denying defense Motions for Change of Venue, Judge Woodlock said that he believed that a fair and impartial jury could be impaneled in Boston, but that as a precaution, he was prepared to move the trial to western Massachusetts, the federal courthouse in Springfield, some 70 miles west of Boston should we not be able to find qualified jurors in Boston.

The court also denied a motion to dismiss the charges, stating that it favored allowing a jury to decide the issues.

Kadyrbayev’s hearing is scheduled to continue on June 2nd and 3rd when a forensic linguistics expert, who was unavailable in May will have returned to the U.S. to testify for the defense.

Defense Attorney Robert G. Stahl, after the second day of federal court pre-trial hearings for his Boston Marathon aftermath client, Dias Kadyrbayev, tells the New England Cable Network, ” I think you have to wait to hear the complete evidence on that before everything is concluded,” referring to testimony that at some point before being interrogated, Kadyrbayev thought  his college friend from Chechnya, Dzokhar Tsarvaev could have been a suspect in the bombing.

After Dias Kadyrbayev’s second day of pre-trial testimony,  defense attorney Robert G. Stahl tells reporters outside  the Boston Federal Courthouse that his client, an exchange  student from Kazahkstan, is pleased to have been given an opportunity to describe the circumstances under which his statements were given to authorities.   The defense, Stahl said,had  “… the opportunity for a full hearing on the issues according to the matters of suppression and voluntariness and we look forward to briefing the issue for the judge.”

Defense attorney Robert G. Stahl tells WCVB in Boston, after the second day of hearings on his client’s motions to suppress, not to draw any conclusions until the exchange student’s case moves to trial in September. Mr. Stahl spoke to reporters outside the Boston Federal Courthouse. His client, Dias Kadyrbayev, who is from  Kazakhstan has been charged with obstruction in the Boston Marathon aftermath.

WBZ Radio filed this report after day two of Dias Kadyrbayev’s pre-trial testimony.