13th Juror: Fishy case could silence accused bomber’s pals

The bad news: A case about fish that went all the way to the Supreme Court may ultimately let a couple of potential witnesses off the hook.

No cameras are allowed at the Tsarnaev trial. But CNN’s Ann O’Neill will be there every day. Think of her as The 13th Juror, bringing insights here weekly. And follow @AnnoCNN on Twitter daily.

They are small fish, accused of snatching Tsarnaev’s backpack and laptop from his dorm room as authorities closed in on their college friend.

But a Supreme Court ruling on Wednesday means they could walk away free, which would leave prosecutors with no leverage for their testimony.

It looked like the friends — Dias Kadyrbayev and Azamat Tazhayakov, along with a third friend, Robel Phillipos — were in a heap of trouble and had little choice but to turn against their “bro,” Jahar, as they called Tsarnaev. Kadyrbayev and Tazhayakov are awaiting sentencing in solitary confinement, while Phillipos is under house arrest.

As they await sentencing, their court dates keep getting pushed back. To experienced courthouse eyes, that’s a telltale sign they’re cooperating, or at least talking about cooperating.

The judge in Kadyrbayev and Tazhayakov’s cases said late last year that he was watching to see how the Supreme Court ruled in the Yates case.

It’s common practice for federal prosecutors to dangle a deal, watch a witness sing, and then vouch for him or her at sentencing to shave off a few years of hard time.

But these two would have little incentive to cooperate if their convictions are overturned and long federal prison sentences are no longer hanging over their heads.

No cameras are allowed at the Tsarnaev trial. But CNN’s Ann O’Neill will be there every day. Think of her as The 13th Juror, bringing insights here weekly. And follow @AnnoCNN on Twitter daily.

CNN