Breitbart News has learned that a motion to impound the records of the assault case against now deceased Boston bombing “Suspect 1,” Tamerlan Tsarnaev (Docket Number 0952CR001848), has been filed in the Massachusetts District Court where a judge dismissed the case in February 2010.
The motion was filed on Monday by the Committee for Public Council Services–the Massachusetts name for the public defender’s office–sources at the Cambridge District Court told Politico.
Cambridge District Court Clerk Robert Moscow confirmed to Breitbart News on Tuesday that “a motion to impound the case was filed yesterday.”
“The judge has the motion to impound in the lobby. If it’s impounded, no one can see it,” he told Breitbart News. When asked how long it will take to find out how the judge rules, Moscow told Breitbart News “we should know in a day or two.”
Breitbart News called the Committee for Public Council Services on Tuesday to confirm that they filed the motion to impound and was told that only General Counsel Lisa Hewitt was authorized to speak on that issue. She was “not available.”
Spokesperson Stephanie Guyotte of the Middlesex County District Attorney’s Office has confirmed that the presiding judge dismissed the case “due to lack of prosecution, in part because the victim did not wish to go forward.”
A source with access to the records of the case told Breitbart News “the Middlesex District Attorney’s office, (then Gerry Leone, who just resigned) basically ‘dropped the ball.’ In other words, any judge probably would have done the same thing.”