BOSTON (AP) — A federal judge has delayed the sentencing of two friends of Boston Marathon bombing suspect Dzhokhar Tsarnaev because their cases could be affected by a legal question pending before the U.S. Supreme Court.
The high court Wednesday heard oral arguments in a case that could define what can be considered “tangible” evidence in an obstruction of justice case. That definition could influence the cases of Azamat Tazhayakov and Dias Kadyrbayev.
Tazhayakov was found guilty and Kadyrbayev pleaded guilty to an obstruction charge for removing Tsarnaev’s backpack from his dorm room and then disposing of it.
U.S. District Judge Douglas Woodlock said in his two-page decision on Thursday “it is conceivable” that the Supreme Court’s definition of what can be considered “tangible” evidence could challenge the indictments of the Kazakhstan natives.
Woodlock said it would be wise to postpone the sentencing, originally scheduled for next week, “at least until the Supreme Court has resolved (the case) and the parties have had an adequate opportunity to consider the implications of that resolution.”
The case before the Supreme Court involves Florida fisherman John Yates, who was charged with a certain provision of obstruction of justice laws for throwing undersize fish back into the Gulf of Mexico. Federal prosecutors applied a certain provision of obstruction of justice laws for the destruction of “any record, document or tangible object” to obstruct an investigation.
Yates’ attorneys argued that there are no paper documents or similar “tangible” documents related to his case. Lawyers for Tazhayakov and Kadyrbayev argue that there are no paper documents or computer records in their cases.
Tsarnaev’s backpack contained a thumb drive, but Tazhayakov’s lawyers successfully argued at trial that there was no evidence Tazhayakov knew the backpack contained the thumb drive.
Lawyers for the men told The Boston Globe they welcomed Woodlock’s decision.
Please read our comment policy before commenting.