Update on Dzhokhar Tsarnaev’s initial appearance today

April 22, 2013

Monday, April 22, 2013

Dzhokhar Tsarnaev had his initial appearance today in the hospital before a U.S. Magistrate Judge. He was represented by Bill Fick of the Federal Public Defender Office in Boston. Fick confirmed that he will represent Dzhokhar.

He was provided with a copy of the complaint charging him with one count of using a weapon of mass destruction in violation of 18 USC 2332a(a) and one count of malicious destruction of property resulting in death in violation of 18 USC 844(i).

Fick waived the detention hearing, which means he and his client agreed that release on bail is not realistic. Fick will be supported by federal death penalty resource counsel, which may include Judy Clarke as she is one of the resource counsel. As you may recall, she represented Jared Loughner.

Dzhokhar is charged by criminal complaint, which is just a temporary holding device.

To find out more about the case, you will want to read FBI Special Agent Daniel Genck’s affidavit filed in support of the complaint. Go here to read the complaint and affidavit.

The Magistrate Judge found that the affidavit is sufficient to establish probable cause to support the two charges in the complaint.

The case is scheduled for a preliminary hearing on May 30th, to determine if probable cause exists to support the charge, but don’t expect that hearing to take place because a grand jury will indict him before that date.

The indictment may and probably will contain additional charges. He will be arraigned after the indictment is returned.

There will not be any need for a preliminary hearing after the grand jury returns an indictment because a grand jury necessarily makes that finding when it returns an indictment.

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