What happened with the Lord&Taylor surveillance video of Dzhokhar Tsarnaev?

Unknown to the public - unknown to the defense?

 

Update 11/27/13: Judge George O'Toole has denied in large part the defense's request to obtain more material from the prosecution. However, he offers a hint how the defense might overcome this obstacle: the requests must be more specific.

The Lord & Taylor surveillance video certainly fulfills all required preconditions for an "in camera" review:

-  what evidence does the defendant hope to find? Footage of a dark-skinned male, planting a black backpack in front of the Forum restaurant.
-  why does he think the material contains this evidence? Because it has been reported by several media outlets - CNN, Boston Globe and others, based on law enforcement sources.
-  why would this evidence be favorable for him? Because it shows that the second bomb was planted by another person than him.

Update 11/23/13: Associated Press defended their story of a suspect in custody for a while even after the high level denial, just like King. This twitter message (WCVB TV) is from 15:00:

Update 11/23/13: This is what John King said at 14:45, when the arrest had been disclaimed by high level officials. His sources were still telling him about a significant breakthrough based on enhanced surveillance video, but they suffered from a "significant blowback at the leaks".

I was one of the people first on the air when we said Fran Townsend had a federal source saying arrest has been made, I had a Boston source saying we got him. I want to go through this.

I'm told they have now checked as high as the attorney general of United States who would know if an arrest has been made. This federal law enforcement source has just communicated with significant progress has been made, but no arrest.

Anyone who says an arrest is ahead of themselves. I went back to the Boston law enforcement sources who said got him, identification on arrest, the source says can't talk to you right now, says there is significant blowback at the leaks and says there will be more information later today.

One of the federal sources I was just communicating with said even to say it's an identification, a specific identification, was to go too far, but then I circled back several Boston and other sources said we have identity based on the enhanced video. They call it a significant breakthrough, but clearly there has been some significant confusion and question of an arrest.

http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.10.html
 
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The criminal complaint against Dzokhar Tsarnaev, issued on April 21th, exclusively refers to surveillance footage from a camera above the doorway of the Forum restaurant which allegedly shows him dropping his bag at a metal barrier near the curb. According to this court document, the surveillance video is the prosecution's main evidence that Tsarnaev planted the Forum bomb. It was provided to the defense on May 10th - and it was apparently the only video, because it is formulated in singular.

There is however another live video of the explosion at the Forum, taken from the roof of Lord & Taylor, a department store across the street. The video has fallen into oblivion, but its existence is confirmed prominently by the then Boston Mayor Thomas Menino and entrenched itself firmly into the realm of mainstream media:



He ((Menino)) told me when I pressed him on what I've been told by the source about the progress of the investigation, he did confirm to me and he was very careful he confirmed that the police commissioner told him of significant progress in the investigation and he did confirm to me when I pressed him that it was Lord & Taylor, he'd been told the Lord & Taylor video was critical to the breakthrough.

http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.07.html

The Globe’s source also said a surveillance camera at Lord & Taylor, located directly across the street, had provided clear video of the area, though it was unclear whether the image of the suspect was taken from that camera.
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.”
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf

The Globe’s source also said a surveillance camera at Lord & Taylor, located directly across the street, had provided clear video of the area, though it was unclear whether the image of the suspect was taken from that camera. - See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf

The Globe’s source also said a surveillance camera at Lord & Taylor, located directly across the street, had provided clear video of the area, though it was unclear whether the image of the suspect was taken from that camera.
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.”
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf

The Globe's source also said that a surveillance camera at Lord & Taylor, located directly across the street, had provided clear video of the area, though it was unclear whether the image of the suspect was taken from that camera.

"The camera from Lord & Taylor is the best source of video so far," confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas N. Menino. "All I know is that they are making progress."

“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.” - See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf

The Globe’s source also said a surveillance camera at Lord & Taylor, located directly across the street, had provided clear video of the area, though it was unclear whether the image of the suspect was taken from that camera.
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.”
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf

http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html

These reports are from April 17th and emphasize the crucial role of the Lord & Taylor video as the most outstanding single piece of evidence. But four days later the complaint refers solely to the video taken by the Forum camera. Interestingly, the Washington Post had accomplished a nice graphic of the Lord & Taylor camera and its relative position to the crime scene by then, but, based on official sources, played down the significance of its footage in behalf of the Forum video.

We've never heard of the Lord & Taylor video since. Given the permanent stonewalling of the prosecution, it is highly doubtable that Tsarnaev's defense team has obtained it. This is most unfortunate because it probably contains exculpatory evidence. The defense should request it in all circumstances. Here's why - for one hour at midday of April 17th, CNN's John King put his head far over the parapet and leaked some details of what the video shows:

-  Now I am told based largely on the video analysis that came from closed-circuit cameras from the Lord & Taylor department store that according to one of these sources, they have made a clear identification of a potential suspect and they are calling this substantial progress, hopefully a breakthrough they believe in this investigation. 

-  A physical description was given to me of the suspect, Wolf, I want to be very careful here because this is very sensitive information, but the description given to be was (INAUDIBLE) is a dark-skinned individual.

-  but I'm told from the video analysis that they now have what they believe to be clear video image of a suspect approaching the site, placing a package and leaving the site and placing a package that matches the description of what they have been looking for, the size of the package, the black bag and like and they have those images now being analyzed and to such detail I am told that they believe they have a clear identification including a facial image of a suspect.

-  they've enhanced the video and have a close-up look at this individual they have on video they say dropping a package, making a placement that they believe to be the explosive device. And they say it's a dark-skinned male.

-  But I am told that the video showed clearly at the site of the second explosion an individual showing up and placing a black bag. Officials said they've been looking for a black backpack or duffel bag, placing it at the scene of the second explosion and leaving it at the scene of the second explosion.

-  I've just been told that an arrest has been made. We know they have identified a suspect based on surveillance video and they were then taking the further steps in the investigation. Just in to us, and again, Fran Townsend has a second source, and this is from one of her sources, that an arrest has been made in this investigation. A dramatic shift. We're waiting for the public briefing today at 5:00 p.m. here in Boston. We do know from other sources -- I was told this morning that the big breakthrough came from surveillance video from the Lord & Taylor Department Store right near the site. 

-  And again, we have a local source, a Boston law enforcement source and Fran has a federal source telling her the arrest has been made. I was told the video enhancement showed a dark-skinned male placing the package at the second explosion site and backing away.

http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.07.html
http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.08.html 
http://transcripts.cnn.com/TRANSCRIPTS/1304/17/cnr.09.html

Let's summarize. King emphasizes that the breakthrough came from the Lord & Taylor footage and that the video shows a dark-skinned male - identified by a clear facial image - dropping a black bag at the Forum. Then he reports that an arrest has been made based on this surveillance video. This information is independently confirmed by Boston law enforcement sources as well as federal sources.

Dzhokhar Tsarnaev's skin color doesn't differ from a white, "Caucasian" American; his bag was light-colored, not black; and he was not being arrested at this time. In other words: he was not the individual who was clearly identified by the enhanced footage from the Lord & Taylor camera.

Not all of the details reported by King - f.i. the "dark-skinned male" - are confirmed by other sources; but the importance of the Lord & Taylor video, the clear identification of the suspect and the black bag are (Boston Globe).

The alleged arrest, despite being disclaimed shortly later, was widely reported, amongst others by the Associated Press and the Boston Globe:

So it is difficult to dismiss this message as a pure rumor. In fact, a big crowd of journalists gathered in front of the Moakley courthouse, where they expected the suspect to be. Strangely, the courthouse was subsequently evacuated due to a bomb threat. The Wire has a good summary of the confusing news on that day.

Milton Valencia / Boston Globe

As matters stand, the Lord & Taylor video may be able to prove Tsarnaev's innocence at once by showing a dark-skinned male planting a black backpack on the patio of the Forum restaurant, 15 feet away from the place where Tsarnaev placed his bag. The defense must insist on obtaining it and may request to summon Thomas Menino and John King.

The Globe’s source also said a surveillance camera at Lord & Taylor, located directly across the street, had provided clear video of the area, though it was unclear whether the image of the suspect was taken from that camera.
“The camera from Lord & Taylor is the best source of video so far,” confirmed Dot Joyce, a spokeswoman for Boston Mayor Thomas M. Menino. “All I know is that they are making progress.
- See more at: http://www.boston.com/metrodesk/2013/04/17/boston-medical-center-reports-five-year-old-boy-critical-condition-victims-treated-from-boston-marathon-bombings/gkKXBTqL2jyNhsC2Kz5GyO/story.html#sthash.SdGCthbC.dpuf

This Child is not Jane Richard - Update

As I've shown in this previous posting, the curly child carried by Matt Patterson has later incorrectly been identified as Jane Richard. The statement of Alan Hern, whose son Aaron was severely injured by the Forum bomb too, confirms not only the existence of this unnamed child - a boy -, but also the later cover-up of his existence by the Wall Street Journal.

Here's a WSJ report from April 16th:

http://stream.wsj.com/story/boston-marathon-explosions/SS-2-211979/SS-2-213408/ 

Another young boy, with curly hair, was lying nearby, gravely injured, Mr. Hern said. He looked over his son’s body and found a jarring exposed wound: His upper left thigh appeared to be torn up by shrapnel, Mr. Hern said. “It looked like a war wound.”  - this description matches exactly the photos of the child and Patterson's early statements.

 Interestingly, one day later, the story slightly changes:

http://stream.wsj.com/story/boston-marathon-explosions/SS-2-211979/SS-2-212936/

Note the subtle difference: now it is not the curly boy, but Aaron Hern whose left thigh was torn by shrapnel and looked like a war wound, who got a tourniquet and was whisked off to an ambulance. Only the "jarring exposed wound" is missing. But Aaron Hern didn't break any bones or damage any arteries (Boston Globe) - so what was the tourniquet for?

And for what reason did the Wall Street Journal change their article within one day and transfer every information about the curly boy onto Aaron Hern? Was this metamorphosis maybe induced by the same forces which caused many media to claim that the curly boy was Jane Richard?

The Dzhokhar Tsarnaev Surveillance Video: Ten Theses

The surveillance video with Dzhokhar Tsarnaev dropping his backpack in front of the Forum restaurant is the only piece of evidence presented by the prosecution to justify the accusation that he planted the second bomb. The video has never been made public, it is known only to the FBI, the Boston and MA police, the prosecution attourneys, the Grand Jury, and, remarkably, the defense. Despite this secrecy, enough details have been leaked meanwhile to formulate ten well founded theses leading to the interesting conclusion that the video doesn't prove Tsarnaev's guilt, but his innocence.

Thesis 1:  The surveillance video allows a precise localisation of the place where Tsarnaev left his bag: at the metal barriers in front of the Forum restaurant, only 2 feet away from the curb.

Thesis 2:  It is impossible to precisely determine the epicenter of the explosion at the moment it happens on the video due to the flash, the dust and the concussion. This leaves plenty of room for the possibility that an explosive device in the vicinity of Tsarnaev's bag was the second bomb.

Thesis 3:  So the cogency of the surveillance video does not arise from a comprehensive snapshot proof that Tsarnaev's bag was the epicenter of the explosion, but only from his alleged suspicious behavior before.

Thesis 4: The pressure cooker bomb was placed in a dark-colored nylon backpack. This description doesn't match Tsarnaev's light-colored bag that he placed at the metal barriers.

Thesis 5: Video and photographic evidence of the aftermath of the second explosion shows that the epicenter was on the patio of the Forum restaurant. This is 12-15 feet away from Tsarnaev's bag.

Thesis 6: Numerous eyewitnesses confirm that the epicenter of the second bomb was on the patio of the Forum restaurant, not at the metal barriers. There are a few eyewitnesses stating that the bomb exploded at the metal barriers, but their accounts are inconsistent and will not survive in this form when being scrutinized in an open trial.

Thesis 7: The epicenter of the second bomb can be determined indirectly by the surveillance video, by comparing the situation 10 seconds before the explosion with the situation 10 seconds thereafter.

Thesis 8: The defense has a copy of the surveillance video and may either perform the check described in Thesis 7 or - in case the video cuts off too early after the blast, leaving no usable post-blast pictures - match the pre-blast footage with the open-source footage described in Thesis 5 or contact the eyewitnesses mentioned in Thesis 6 to produce admissible evidence. The surveillance video itself is of course admissible.

Thesis 9:  So the defense is in a position to turn the prosecution's center piece of evidence – the surveillance video – into a powerful tool to prove Tsarnaev's innocence in the case of the Marathon bombing. A good opportunity is needed.

Thesis 10:  The prosecution is fully aware of this achilles heel, and this is the reason it tries to delay and prevent an open trial at all costs. The SAM restrictions and the death penalty threat seem to be perpetuated only to force Tsarnaev into a plea deal.

Sources and Notes

1  The criminal complaint from April 21th, formulated by FBI Special Agent David Genck, delivers a detailed description of Tsarnaev's whereabouts prior to the blast:

www.justice.gov/iso/opa/reources/363201342213441988148.pdf

2  Nobody who has seen the video claims that it shows Tsarnaev's backpack exploding; all statements are elusive when it comes to this question.

http://911woodybox.blogspot.de/2013/10/how-to-find-out-epicenter-of-bomb-blast.html 

The difficulties to determine the exact epicenter of an explosion in the moment of the explosion itself are illustrated by this photo of the second explosion

which is a snapshot taken from this video:

http://www.youtube.com/watch?v=RIHnpHZpFcw

3  Genck's lengthy description of Tsarnaev's phone call and his unusual "calm" behavior after the first blast are clearly intended to paint him as suspicious. 

4  On April 16th, FBI Special Agent Richard DesLauriers was still looking for this kind of dark-colored backpack:

http://videos.huffingtonpost.com/fbi-and-police-update-boston-marathon-explosions-517746772

5  http://911woodybox.blogspot.com/2013/04/where-was-epicenter-of-second-bomb.html
http://911woodybox.blogspot.com/2013/07/boston-marathon-analysis-of-second-bomb.html

6  Witnesses for the patio being the epicenter:

http://911woodybox.blogspot.de/2013/04/second-bomb-exploded-on-forum.html
http://911woodybox.blogspot.de/2013/04/heather-abbott-witness-for-defense.html

http://911woodybox.blogspot.de/2013/04/mike-chase-witness-for-defense.html

Witnesses for the mailbox/metal barriers being the epicenter:

http://911woodybox.blogspot.de/2013/08/dzhokhar-tsarnaev-case-witnesses-for.html

http://911woodybox.blogspot.de/2013/10/dzhokhar-tsarnaev-case-account-of.html

7  http://911woodybox.blogspot.de/2013/10/how-to-find-out-epicenter-of-bomb-blast.html

8  The defense has obtained a copy of the surveillance video in May already; it was the only evidence against Tsarnaev concerning the actual Marathon bombing. The prosecution has not provided any eyewitnesses or forensic evidence for this particular point.