Unknown to the public - unknown to the defense?





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 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

Milton Valencia / Boston Globe

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

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 preconditionsfor an "in camera" review:- what evidence does the defendant hope to find?why does he think the material contains this evidence?- why would this evidence be favorable for him?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: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".-------------------------------------------------------------------------------------------------------------------------------------------------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:MeninoThese 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: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: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.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.