The two young Kazakh men charged with obstructing justice in the Boston Marathon bombing probe have agreed with federal prosecutors to waive a May 14 probable cause hearing.
Dias Kadyrbayev and Azamat Tazhayakov, who made friends with bombing suspect Dzhokhar Tsarnaev at the University of Massachusetts Dartmouth, are accused of throwing out Tsarnaev’s backpack and taking his laptop computer several days after the blasts at the marathon.
Defense attorneys can use probable cause hearings to challenge an arrest if a defendant has not yet been indicted. Kadyrbayev and Tazhayakov, both 19 and of New Bedford, are expected to be indicted at some point on the obstruction charges.
They have been held without bail because a judge found there was a risk they would flee. Immigration officials have also obtained a detainer for their arrest, should they be released, due to charges they overstayed their student visas.
A third college friend of Tsarnaev’s, Robel Phillipos, 19, of Cambridge is charged with lying to investigators. He has been released on bail.
Dzhokhar Tsarnaev, 19, and his brother, Tamerlan, 26, allegedly planted the two bombs that killed three people and wounded more than 260 near the Boston Marathon finish line on April 15. They also allegedly assassinated MIT Police Officer Sean Collier.
Tamerlan Tsarnaev was killed when he was shot by police and run over by his own brother in a confrontation in Watertown on April 19. Dzokhar Tsarnaev is facing federal charges of using a weapon of mass destruction and malicious destruction of property resulting in death.