Thứ Tư, 1 tháng 5, 2013

Should prosecutors seek the death penalty for Dzhokhar Tsarnaev?

Polls show that most Americans are in favor, but prosecutors may not pursue it

A significant majority of Americans think accused Boston Marathon bomber Dzhokhar Tsarnaev should be sentenced to death if found guilty of the attacks, according to a Washington Post/ABC News poll released Wednesday. Yet while Americans may want to see Tsarnaev put on death row, there are already signs that option may be taken off the table.

In the poll, 70 percent of respondents said they support the death penalty for a convicted Tsarnaev, versus just 27 percent who said the opposite. In addition, 74 percent said they backed the government's decision to try him in a federal court rather than hold him as an enemy combatant.

Federal prosecutors charged Tsarnaev with using a weapon of mass destruction to commit murder, a crime punishable by death. (It's worth noting that under federal law, virtually any explosive device can be classified as a WMD.) 

However, multiple reports say prosecutors may not even pursue the death penalty — so long as Tsarnaev cooperates with investigators. According to CNN's Bill Mears, there are "very preliminary" talks to that end underway, with the hope being that such a deal would convince Tsarnaev to open up to investigators about the bombing. Tsarnaev reportedly started off cooperating with authorities after his capture, but has since clammed up.

From CNN:

Communications are in the very early stages, and not a sign lawyers for either side are ready to make a deal, said one source, who did not want to be identified because of the sensitive nature of the private discussions. The source emphasized these are not formal negotiations, and no deals have been offered. 

The discussions between prosecution and defense attorneys are at a 'preliminary, delicate stage' and both refused to offer details of what either side would be willing to leverage, according to the sources. A Justice Department official said it is not accurate to suggest there are negotiations. [CNN]

NBC's Pete Williams and Tracy Connor, citing their own sources, confirmed that lawyers had begun discussing that option. According to NPR's Dina Temple-Raston, it's unclear if investigators or Tsarnaev's lawyers first floated that possibility.

At the same time, Tsarnaev has been appointed an anti-death penalty attorney who is famous for keeping other accused killers off death row. The attorney, Judy Clarke, defended Unabomber Ted Kaczynski; Tucson, Ariz., shooter Jared Loughner; and the Atlanta Olympics bomber. Given her history of negotiating guilty pleas in exchange for life sentences, it's widely believed she'll pursue the same strategy here.

The government has not yet said what penalty it will pursue for Tsarnaev. A Justice Department spokesman, Dean Boyd, told CNN, "We have no comment at this time on what potential penalty the government might seek if the defendant is convicted, particularly given that the defendant has only just been charged."

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Brazil's Rousseff insists oil royalties should fund education

BRASILIA (Reuters) - Brazilian President Dilma Rousseff said on Wednesday she has sent lawmakers another proposal to earmark all oil royalties collected by the state for public education after Congress shelved an earlier effort.

She made the announcement in a televised Labor Day speech in which she said improving education was vital for Brazil's development in a highly competitive world.

Rousseff last year proposed earmarking for education all revenue from future oil royalties, which are expected to rise when Brazil taps huge subsalt fields off its Atlantic coast.

Despite her personal entreaties, legislators suspended discussion of the plan last week after it got caught up in a dispute between Brazil's states over how to share out the country's oil wealth.

A presidential press spokesman said he did not know whether the new plan to tie oil royalties to education was different from the first proposal.

Rousseff called on Brazilians to press their legislators to back her effort.

In her speech, Rousseff said Brazil achieved record-low unemployment last year, while other countries were losing jobs.

She promised that Brazil's sluggish economy would return to sustainable growth after more than a year of near-zero economic expansion, and that her government would continue to cut taxes and reduce costs for local businesses and consumers.

Rousseff said her government will not relax its efforts to curb inflation, which in March rose to 6.59 percent, the highest 12-month rate in 14 years.

"This is a constant, unchanging and permanent battle," she said.

(Reporting by Anthony Boadle; Editing by Xavier Briand)


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UKIP pressures PM Cameron in local vote

By Andrew Osborn

ASHFORD, England (Reuters) - Britain's ruling Conservatives are set to lose hundreds of seats in local polls on Thursday that will go some way to measuring the threat the surging anti-European Union UK Independence Party (UKIP) poses to their hopes of re-election in 2015.

Even in towns like Ashford in southeast England, which has returned a Conservative MP to the national parliament at every election since 1945, surveys suggest UKIP could win up to one fifth of the votes.

History shows Britons often use mid-term council elections to punish their favoured party for perceived failings by temporarily forsaking it only to return when it really counts.

But polling data shows UKIP, which wants to radically tighten immigration rules into Britain, is luring Prime Minister David Cameron's traditional supporters away.

That trend risks splitting the centre-right vote in 2015, making Cameron's task of beating the main opposition Labour party even harder.

The Conservatives, the senior partner in a two-party national coalition, trail Labour by up to 10 percentage points in opinion polls, but they are banking on an economic rebound by 2015 to lift Britain from its torpor.

If a national election were held today, Labour would win.

"I've been a Conservative all my life but I'm going to vote for UKIP," said Bill Newton, 76, a retired businessman, out shopping in Ashford's futuristic tented mall. "I want the Conservatives to get the message that they need to change."

More than 2,000 council seats in largely English rural counties and in one Welsh area are up for grabs on Thursday. One national parliamentary seat is also being contested in northern England where UKIP hopes to come second to Labour.

Heavy Conservative losses could renew pressure on Cameron's leadership ahead of a national election in 2015, and the vote is being seen as one of the last chances to test the political climate before that ballot.

UKIP WANTS END TO "OPEN DOOR" IMMIGRATION

Campaigning on a promise to take Britain out of the EU and to end "open-door" immigration, UKIP's policies appeal to many traditional Conservatives who feel Cameron has taken their own party in too liberal a direction.

But though UKIP has surged in the polls, it has no MPs in the national parliament and Thursday's election will indicate if its swelling poll support translates into votes. Full results of the council ballots will not be known until Friday.

"One local poll put our support at 60 percent," Norman Taylor, the UKIP candidate for Ashford Central, told Reuters in an interview. "I don't believe we'll get that, but we should get around 20 percent. From now on we're going to be a dominant force in politics."

The main reason for UKIP's growing popularity is its immigration policy, he said.

"Say NO to mass immigration," proclaim colourful leaflets being handed out to voters on the streets of Ashford.

Taylor, 74, said Ashford and its periphery, which has a population of about 80,000 and is close to the tunnel that links Britain to France, had been "particularly hard hit" by immigration.

An area the former government designated a growth zone, he said it had seen an influx of British migrant workers moving from London for lower housing costs coupled with the arrival of foreign immigrants, particularly from Eastern Europe.

"Everything here is crumbling in every way," he said. "Public services can't cope. They let everyone in and only then did they start to think about the infrastructure."

Taylor said his views and those of his party were not racist but reflected the concerns of many local blue collar workers.

"I've got nothing against them (immigrants). The only problem is we can't handle the numbers."

The background of some of the party's candidates has stirred controversy, however. Several have been suspended after it emerged they had once belonged to far-right groups and a photograph of one candidate making what looks like a Nazi salute has been plastered on newspaper front pages.

Nigel Farage, the party's leader, has said UKIP was unable to vet all of its some 1,700 candidates properly, saying a few undesirables had got through.

On Ashford's main shopping street there are mixed feelings about UKIP, especially from the town's large Nepali diaspora.

A British army battalion of Gurkha soldiers is based nearby and many ex-soldiers have settled in Ashford.

One retired Gurkha who declined to be named said he felt uneasy. "I'm not convinced by UKIP," he said, saying he feared its policies could stoke hostility towards his own community.

(Editing by Mike Collett-White)


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Biden: Abused women fear being raped by the system

May 1 (Reuters) - Post position for Saturday's 139th Kentucky Derby at Churchill Downs after Wednesday's draw (listed as barrier, HORSE, jockey, trainer) 1. BLACK ONYX, Joe Bravo, Kelly Breen 2. OXBOW, Gary Stevens, D. Wayne Lukas 3. REVOLUTIONARY, Calvin Borel, Todd Pletcher 4. GOLDEN SOUL, Robby Albarado, Dallas Stewart 5. NORMANDY INVASION, Javier Castellano, Chad Brown 6. MYLUTE, Rosie Napravnik, Tom Amoss 7. GIANT FINISH, Jose Espinoza, Tony Dutrow 8. GOLDENCENTS, Kevin Krigger, Doug O'Neill 9. OVERANALYZE, Rafael Bejarano, Todd Pletcher 10. PALACE MALICE, Mike Smith, Todd Pletcher 11. ...


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From Toronto to Dagestan; Canadian jihadi draws parallels with Tsarnaev

By Maria Golovnina

UTAMYSH, Dagestan, Russia (Reuters) - A mess of rubble, ash and charred vehicles is all that's left at the desolate farmhouse where a Canadian Muslim convert died fighting his last battle alongside Islamist insurgents in the Russian region of Dagestan.

At the time, few people beyond local villagers noticed William Plotnikov's death in a region where skirmishes occur daily. But almost a year on, Plotnikov has emerged into the limelight following the Boston Marathon bombings.

The abrupt transformation of a Russian émigré into a die-hard rebel fighter draws eerie parallels with the life of Tamerlan Tsarnaev, the son of Chechen immigrants in the United States who is now prime suspect in the Boston attack.

In the village of Utamysh, a collection of squat houses in a valley ringed by the steep mountains of Dagestan, Plotnikov is known simply as "Kanadets" - or the Canadian.

"The Canadian, I saw him twice, yes. He came to the mosque. He looked like everyone else," Arslangerey-haji, a local imam, said at his small village mosque.

"He'd just pray and leave. He was out with the others in the forest," he added, using a local euphemism for joining the militants fighting Russian rule of the North Caucasus.

On July 14, 2012, Russian forces surrounded the rebels near Utamysh and pounded them with artillery. Part of the farm where Plotnikov and his fellow fighters were hiding was reduced to rubble. At least seven people including Plotnikov were killed.

Since last month's Boston bombings, attention has turned to others who may have followed similar lives to Tsarnaev. Russia's Novaya Gazeta newspaper and Canada's National Post have reported in detail on the last years of Plotnikov.

An ethnic Russian who emigrated to Toronto with his parents as a teenager in 2005, Plotnikov converted to Islam as a young man and flew to Dagestan to join the Islamist militants.

There is no evidence Plotnikov knew Tsarnaev but some similarities are striking. Both were young men when they plunged into Islam, possibly out of frustration with the challenges of their adopted home countries, and both were passionate boxers.

Plotnikov's bemused father, Vitaly, described how his son changed from a typical teenager who borrowed his father's credit card to go ski-ing to someone devoted to prayer. "Somebody changed his mind in Canada," he told CBC TV. He said he thought Tsarnaev had had the "same problem".

Both Plotnikov and Tsarnaev traveled to Dagestan in the first half of 2012 to explore their religion. They lived within 120 km (75 miles) of each other on the Caspian Sea coast.

U.S. investigators suspect Tsarnaev's experience in Dagestan played an important role in his radicalization, particularly if they establish that he met any militants during his stay at his family home in the regional capital of Makhachkala.

While Tsarnaev was with his parents, Plotnikov joined the insurgency and retreated to the rebel camp with other militants in the lush mountains south of Makhachkala, where he died.

Tsarnaev left Dagestan in a rush two days after Plotnikov's death, and flew back to the United States via Moscow, according to Novaya Gazeta. He was shot dead by police nine months later, after the Boston bombings which killed 3 people and wounded 264.

SIMPLE GRAVE

Tucked away in a remote corner of Utamysh cemetery and overgrown with weeds, Plotnikov's grave is a simple white tombstone featuring the Islamic crescent moon and star. The Russian inscription says: "Plotnikov Vilyam Vitalievich". Date of birth: May 3, 1989. He was 23 when he died.

In a village like Utamysh, news travels fast. The arrival of new faces never escapes notice. Yet, when asked about Tsarnaev, villagers shook their heads and said they had never heard of him visiting their lands.

"They are both dead now. Maybe they knew each other. Who knows?" Dzhamaludin Aliyev, the village head, said with a shrug as he gazed at Plotnikov's tombstone.

"We just buried him here as a Muslim. He did not live here. He lived up there in the forest," he added, pointing at a green hill towering over the village.

Salaat, a local pensioner, said the fair-skinned ethnic Russian Canadian stood out immediately as soon as he came to the village, home to about 3,000 people.

"He came here after hooking up with some Utamysh youngsters in another village up north," she said. "He lived here for several months with them, then he disappeared into the forest."

Foreigners are rarely spotted fighting for rebels in the Caucasus, just as ethnic Russians rarely convert to Islam.

Yet, as conflicts continue in the Caucasus, nationalist claims to independence that dominated the 1990s have given way to calls for a pan-Caucasus Islamic state - including from people who went to fight in countries such Afghanistan and Syria, or those who simply view Russian rule as corrupt and oppressive.

No one knows for sure how many militants are out in the mountains but most are now believed to be based in Dagestan, particularly in the south where Utamysh is located.

For locals in Utamysh, last year's farmhouse battle was the closest the conflict had struck their homeland in many years after a period of relative peace.

Aliyev said the insurgents' bodies were initially taken to Makhachkala as part of the investigation.

But Vitaly Plotnikov, who lives in Toronto, flew to Dagestan immediately afterwards and brought the body back to the village, seeking permission to bury him there, Aliyev said.

"I don't know why he didn't take the body to Canada. I guess it's expensive. So he brought the body back here," Aliyev said. "The father just said to me: 'I should've looked after him better'. For him it was a huge tragedy."

Dzhalil Alatsiyev, deputy head of the local administration in charge of security, said the insurgents had been under surveillance by Russia's FSB security forces for several months.

"They never came to the village. They were hiding there," he said, pointing at the mountain range.

Describing the insurgents as Wahhabis - or adherents to one of the most austere forms of Islam, he added: "It's easy to tell them apart. They have long beards. They pray differently. We are all Muslim here. But these people are different."

The farmhouse is now deserted. Its owner has been jailed for helping the insurgents. One shed was flattened entirely by artillery fire. The main building was heavily damaged, its interior a mess of broken glass, metal and camouflage jackets.

SECURITY HEADACHE

For Moscow, Dagestan - one of the poorest and most ethnically diverse places in Russia - is a huge headache.

Its forces are still struggling to quell persistent attacks by Islamist militants more than a decade after Moscow fought two separatist wars in the adjacent republic of Chechnya.

Although it is firmly under Moscow control, Dagestan has a long history of resistance to Russian rule. Many harbor resentment against Russian security forces' heavy-handed tactics against suspected militants and their families.

Their feelings go back centuries. The valley around Utamysh was the site of fierce battles between local tribes and Russian forces sent by Peter the Great to annex Dagestan during a war with Persia in the early 18th century.

Today, speaking up for the insurgents can land people in jail. Yet even in this village, dominated by people from the Kumyk Turkic-speaking ethnic minority, some appear sympathetic.

Rashiya-hanum Adykova, a 56-year-old who runs a dairy farm high up in the hills, said she had seen militants pass through her fields but they never touched her family. "They don't do anything to us because we are just old people," she said.

The village imam said he disapproved of the tactics used against the insurgents.

"A lot of people are innocent but they are still being taken away," said Arslangerey-haji. "If they are criminals of course they should be arrested. But there is a lot of chaos here. Everyday someone is dying. We are tired of it."

(Additional reporting by Janet Guttsman in Toronto; editing by David Stamp)


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Official: Arrested student entered US without visa

WASHINGTON (AP) — One of three college students arrested Wednesday in the Boston Marathon bombings case was allowed to return to the United States from Kazakhstan in January despite not having a valid student visa, a federal law enforcement official told The Associated Press.

Authorities charged the student — a friend and classmate of one of the men accused of setting off the deadly explosions — with helping after the attacks to remove a laptop and backpack from the bombing suspect's dormitory room before the FBI searched it.

The government acknowledged that U.S. Customs and Border Protection was unaware that the student was no longer in school when he was let back into the United States.

The disclosure was another instance of possible lapses by the federal government in the months before the Boston bombings. The Obama administration earlier this week announced an internal review of how U.S. intelligence agencies shared sensitive information and whether the government could have disrupted the attack. Republicans in Congress have promised oversight hearings starting next week.

Federal authorities on Wednesday arrested three college friends of Dzhokhar Tsarnaev, a bombing suspect, including Azamat Tazhayakov, a friend and classmate of Tsarnaev's at the University of Massachusetts Dartmouth. Tazhayakov left the U.S. in December and returned Jan. 20. But in early January, his student-visa status was terminated because he was academically dismissed from the university, the official told the AP.

The law enforcement official said information about Tazhayakov's status was in the Homeland Security Department's Student and Exchange Visitor Information System, called SEVIS, when Tazhayakov arrived in New York in January.

The official spoke on the condition of anonymity because this person was not authorized to discuss details of Tazhayakov's immigration history.

DHS spokesman Peter Boogaard said when Tazhayakov arrived on Jan. 20, Customs and Border Protection officials had not been notified that he was no longer a student.

"DHS has recently reformed the student visa system to ensure that CBP is provided with real time updates on all relevant student visa information," Boogaard said. "At the time of re-entry there was no derogatory information that suggested this individual posed a national security or public safety threat."

Tazhayakov and another student from Kazakhstan, Dias Kadyrbayev, were detained last month on immigration charges. They were arrested on federal criminal charges of conspiracy to obstruct justice. Robel Phillipos, 19, was also arrested and charged with willfully making materially false statements to federal law enforcement officials during a terrorism investigation.

Questions about Tazhayakov's immigration status came up Wednesday during an immigration hearing in Boston when a judge questioned how he was able to return to the U.S. in January. A lawyer for Tazhayakov said he had re-enrolled in the university with a different major after returning to the country.

International students who aren't enrolled or are dismissed from a college or university generally have 30 days to rectify their status and re-enroll as long as they are already in the United States.

Lawmakers have questioned information sharing among U.S. law enforcement before the bombings. In 2011, Russian officials notified the FBI and CIA that they were concerned about now-deceased bombing suspect Tamerlan Tsarnaev. In early 2012 Homeland security was alerted of Tamerlan Tsarnaev's travel to and from Russia — information that was shared with Boston's joint terrorism task force. But the FBI investigation into him had closed and therefore he didn't warrant additional scrutiny, officials have said.

___

Associated Press writer Mark Pratt in Boston contributed to this report.


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Former GM engineer, husband sentenced in trade secret theft case

By Jonathan Stempel

(Reuters) - A former General Motors Co engineer was sentenced to a year and a day in prison and her husband was sentenced to three years for conspiring to steal trade secrets for use in China, federal prosecutors said.

Former engineer Shanshan Du, 54, and her husband Yu Qin, 52, each received sentences well below the roughly eight to 10 years that the government had sought. Both were sentenced on Wednesday by U.S. District Judge Marianne Battani in Detroit.

Both defendants are U.S. citizens, and their case is part of a crackdown by the U.S. Department of Justice on trade secret theft, whether involving China or other countries.

Last November, a federal jury convicted Du and Qin on two counts each of unauthorized possession of trade secrets and one count of conspiracy to possess the secrets without permission.

Qin was also convicted on three counts of wire fraud and one count of obstruction of justice.

The defendants had been accused of taking confidential GM information from the Detroit-based automaker related to hybrid vehicles, and trying to pass it to competitors, including China's Chery Automobile Co, through their firm Millennium Technology International.

Investigators accused Du of copying more than 16,000 GM files soon after the automaker in January 2005 gave her a severance offer. They said Qin later claimed, while pitching his services, to have invented some of the stolen GM technology.

"These defendants stole trade secrets, which General Motors spent many years and millions of dollars to develop, to give an unfair advantage to a foreign competitor," U.S. Attorney Barbara McQuade in Detroit said in a statement. "Stealing trade secrets harms Michigan businesses and costs jobs."

Prosecutors said GM has estimated that the value of the stolen documents exceeded $40 million. The defendants had argued that the documents in question were not trade secrets.

"I'm pleased that the judge went below the sentencing guidelines, and took into consideration Mr. Qin's contributions to the engineering field, his respect in that field, and his remorse," Qin's lawyer Frank Eaman said in an interview. He nonetheless said he was planning to appeal the conviction.

A lawyer for Du did not immediately respond to a request for a comment. McQuade's office was not immediately available for comment.

The case is U.S. v. Qin et al, U.S. District Court, Eastern District of Michigan, No. 10-cr-02454.

(Reporting by Jonathan Stempel in New York; Editing by David Gregorio)


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