This week in Boston, 21-year-old stoner Robel Phillipos was convicted of lying to the authorities a day after the last Tsarnaev brother had been arrested (Globe story). He faces 25 years in prison. It occurred to me that his actions, due to his conversations all occurring after the relevant events, couldn’t have had any effect on the bombing or the arrest of the perpetrators. I’m wondering what happened to the government workers who could actually have prevented the attacks, e.g., by heeding the Russian security service’s warning about the brothers (see this section of Wikipedia) or by more thoroughly investigating the triple murder in Waltham, Massachusetts. Were they disciplined? Fired? Promoted?
[Separately, this New York Times article chronicles a Dominican man who was wanted for murder in New York City, never prosecuted here, and ultimately welcomed with citizenship (and a gun permit, in case he wanted to shoot some more people without violating any laws) while living under his own name in Florida. The shooting victim’s daughter found the man with “an Internet search.” He was freed yesterday because of the government’s failure to prosecute him diligently.]
The Tsarnaev bothers episode also calls into question the billions spent by the NSA on harvesting our communications, given the brothers were active on social media.
The Phillipos case brings home something that I have told my kids (and anyone else who will listen). Never, ever talk to the police (and ESPECIALLY not to the FBI or any Federal agent) unless you have been advised to do so by your attorney. There are about four things that you can say to the police without a lawyer at your elbow and you should repeat them like a broken record no matter how much they badger you and try to trick you. “I’m not making any statements at this time.” ” I’d like to leave. Am I free to go now or am I under arrest?” “I’d like to speak to my parents/attorney now.” “I do not consent to any search. Do you have a warrant to show me?” No matter how innocuous the questions seem or how they don’t seem to concern you (e.g. you are a bystander or a witness and not apparently a suspect) very rarely will it help you to speak with the police – they are just going to seize on anything that is remotely incriminating and ignore everything else that you say. So just recite the above lines like a broken record or a mantra. Feel free to vary the phrasing as long as the substance remains the same. Be respectful and friendly but keep your mouth shut and don’t tell them ANYTHING.
Robel is going to spend 25 years in jail (despite not having been involved at all before the fact in the bombing) because he didn’t know enough to heed this advice.