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# Tsarnaev’s Attorneys Want Hospital Statements Thrown Out

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<!-- video src="https://cdn.jwplayer.com/manifests/V9fRh7C0.m3u8" -->
## Video: Tsarnaev’s Attorneys Want Hospital Statements Thrown Out

[Watch (HLS stream): Tsarnaev’s Attorneys Want Hospital Statements Thrown Out](https://cdn.jwplayer.com/manifests/V9fRh7C0.m3u8) (2:10)

![Tsarnaev’s Attorneys Want Hospital Statements Thrown Out](https://cdn.jwplayer.com/v2/media/V9fRh7C0/poster.jpg?width=720)

_Published 2014-05-08. In the aftermath of one of the worst terrorist attacks on U.S. soil, Boston Marathon bombing suspect Dzhokhar Tsarnaev’s attorneys say the FBI went too far in questioning him._


---

Jul 27, 2023 4:37 PM UTC

---

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[Capturing the Real Face of Terror: Photographing Dzhokhar Tsarnaev](/video/SaoaXJ4p/)

### Capturing the Real Face of Terror: Photographing Dzhokhar Tsarnaev

---


## Transcript

In the aftermath of one of the worst terrorist attacks on U. S. soil, Boston Marathon bombing suspect Dzhokhar Tsarnaev's attorney say the FBI went too far in questioning him. Tsarnaev's attorneys say the FBI interrogated him for 27 hours. The paperwork from the defense team also says Tsarnaev wrote the word lawyer 10 times, sometimes circling it. The manhunt for Tsarnaev and his older brother Tamerlan lasted days, and kept the Boston metropolitan area in a virtual lockdown. Once Tsarnaev was captured and out of emergency surgery at Beth Israel Deaconess Medical Center, his attorney say the interrogation began with the suspect heavily sedated.

According to court filings, agents told Tsarnaev his older brother was still alive, even though Tamerlane Tsarnaev died fleeing police. His attorneys wrote: the questioning continued for hours, in what was obviously an effort to extract as much incriminating information as possible without regard for the protections of the Fifth Amendment. Attorneys say they were also turned away at the hospital with agents telling them, Tsarnaev wasn't actually in custody even though he was handcuffed to a hospital bed. While the ACLU and other groups opposed having Tsarnaev questioned without being read his Miranda rights, the attacks led many to defend and even demand such FBI tactics to ensure the threat was over.

I could care less about the trial. The first year law student could do this trial. I want to gather intelligence. What does he know about terrorist organizations within our country. Tsarnaev's attorneys argue he made it clear there were no more bombs and he and his brother acted without outside help. The Boston Globe interviewed a former federal prosecutor who admitted, you'd be hard- pressed not to say that to allow these statements in would require a wide expansion of the law as it presently exists. That same attorney also pointed out though this latest filing even says prosecutors don't plan to use Tsarnaev's statements from the hospital.

So from an evidence standpoint, the argument might be moot. Three people died and more than 260 were hurt in the bombings. Tsarnaev's attorneys also filed a motion asking the judge in the case to throw out the death penalty. I'm Cliff Judy.

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