Looking For a Longer Jail Sentence? Cooperate With FBI!

To the mounting pile of oddities surrounding the Boston Marathon Bombing—the largest terrorist attack on domestic soil since 9/11—we add yet another: the wide disparities in the government’s treatment of the people associated with the accused bombers, Dzhokhar Tsarnaev, who was convicted and given the death penalty, and his dead elder brother, Tamerlan.

Here’s the odd thing: the more that these people cooperated with the government, the harsher their punishment. Conversely, a few who failed to cooperate with the FBI escaped prosecution entirely.

Officials have made clear that the harsh sentences meted out to most of the Tsarnaev brothers’ former friends were intended to send a message: Do not obstruct terror investigations. Paradoxically, these outcomes may have the opposite effect. Battlefield America: T... John W. Whitehead Best Price: $10.95 Buy New $18.80 (as of 10:15 UTC - Details)

Attorneys following the case say the real message that comes through is this: Cooperate with the government without a lawyer before you are arrested—and you will get jail time. Cooperate after you have been arrested, and either plead the Fifth or speak only with a lawyer present—and you end up with less jail time, if any.

The most striking example of ending up the worse for cooperating is surely Ibragim Todashev, a friend of Tamerlan Tsarnaev, who purportedly had just confessed to some complicity in a separate triple homicide before the FBI shot him seven times—killing him. The cases of others are less dramatic, but no less revealing of a dysfunctional process. Their stories follow.

Crime and Punishment

The full story reads like a 19th-century Russian novel—it can be difficult to keep all the players straight. Here are the particulars on the treatment of each of these tangential figures, arranged by jail time dispensed.

Dias Kadyrbayev—College Friend of Dzhokhar Tsarnaev How America Was Lost: ... Roberts, Dr. Paul Craig Best Price: $5.35 Buy New $2.99 (as of 10:30 UTC - Details)

Sentence: 6 years

Crime: Obstruction of justice and conspiracy. When the FBI posted pictures of the bombing suspects and asked that people come forward and identify them, Kadyrbayev did not do so. Additionally, he and another friend of Dzhokhar’s, Azamat Tazhayakov, removed from the younger Tsarnaev’s dorm room various belongings of his, including a laptop, thumb drive, bag of marijuana, and a backpack that had contained illegal fireworks.

Involvement with the FBI: Kadyrbayev pleaded guilty in August 2014 as part of a deal with the government. Had he not changed his plea to guilty, Kadyrbayev would have faced 25 years in prison. He did not, however, agree to testify for the government in any of the linked cases, meaning that he will serve six years rather than 3.5, like another Tsarnaev associate, Azamat Tazhayakov.

Suicide Pact: The Radi... Napolitano, Andrew P. Best Price: $0.25 Buy New $2.84 (as of 04:15 UTC - Details) Azamat Tazhayakov—College Friend of Dzhokhar Tsarnaev

Sentence: 3.5 years

Crime: Obstruction of justice, and conspiracy. He was accused of the same crime as Dias Kadyrbayev (above). After his trial in July 2014, Tazhayakov was found guilty of conspiracy to obstruct justice and obstruction of justice for removing the backpack from Tsarnaev’s dorm room, but not for removing the laptop.

Involvement with the FBI: As part of an agreement with the government, in exchange for reduced prison time, Tazhayakov agreed to testify against both Tsarnaev and Kadyrbayev. Although he was never actually called to the stand, Tazhayakov’s willingness to testify knocked 2.5 years off what would otherwise have been a six-year sentence, like Kadyrbayev’s.

Robel Phillipos—High school and college friend of Dzhokhar Tsarnaev

Arrest-Proof Yourself Dale Carson Best Price: $8.49 Buy New $10.53 (as of 05:55 UTC - Details) Sentence: 3 years

Crime: Lying during a terrorism investigation. He saw Kadyrbayev and Tazhayakov remove the backpack from Tsarnaev’s dorm room, but lied to investigators that he had not been there when they did it.

Involvement with the FBI: On April 26, Phillipos signed [but did not write] a confession to the FBI admitting to false statements.

Khairullozhon Matanov—Friend of Tamerlan Tsarnaev

Sentence: 2.5 years

Crime: Obstruction of justice and lying during a terrorism investigation. According to his indictment, Matanov initially lied to the FBI about the fact that he had driven the Tsarnaevs to dinner on the evening of April 15; he also downplayed the extent to which he shared the brothers’ attitude toward violent jihad, and he deleted his computer history during the week of the bombing. Against the State: An ... Rockwell Jr., Llewelly... Best Price: $5.02 Buy New $5.52 (as of 11:35 UTC - Details)

Involvement with the FBI: Matanov had first contacted the authorities four days after the bombings to notify them that he knew the Tsarnaev brothers. After reluctantly pleading guilty to lying to the FBI, Khairullozhon Matanov received 30 months in prison.

Even as he pleaded guilty, he maintained his innocence. The  judge at his plea hearing took note of his reluctance: “You’re afraid if you go to trial you could be found guilty of all four of these charges and the sentence might be longer than the 30 months? Is that it? That you think you are not a guilty person but given the circumstances you’d rather [not] go to trial?”

Matanov nodded, “I signed a deal and I found guilt most fitting for my situation,” he replied.

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