It appears that there are now talks to allow Boston marathon bomb suspect Dzhokhar Tsarnaev to avoid the death penalty in exchange for releasing more information. Two government sources say the talks have been going on for the past few days.
What this means is that those who argued that Tsarnaev was read his Miranda rights too soon by Federal Magistrate Marianne Bowler, who rushed in to see him only two-and-a half days after he was caught, were correct; information that Tsarnaev may have given was shut off when he clammed up after hearing the Miranda warning. This flies in the face of assertions by Barack Obama and Eric Holder that Tsarnaev was Mirandized at the proper time.
Although the sources say formal negotiations have not begun, the very fact that seeking the death penalty is being rethought leaves the impression that the Miranda warning came far too soon. A Justice Department official denied there is anything in the works, saying, “The notion that we are engaging in discussions over a penalty is not accurate. As far as I know, there are no negotiations.”
The government has not come forth with an official decision yet on whether they will seek the death penalty for Tsarnaev.
Before he was Mirandized, federal agents spoke with Tsarnaev for two days under a “public safety exception.” CNN reported that Tsarnaev confessed his part in the bombings and stated he and his brother had worked alone. But once the Miranda warning was given, Tsarnaev stopped answering investigators’ questions.
The final decision on whether to seek the death penalty rests with Attorney General Eric Holder, but a government source said it will be weeks before Holder renders a decision.