Update: "Dead Men Tell No Tales"
A diagram from the FBI Laboratory of the room Ibragim Todashev was killed in, released last week as part of a report from Florida State Attorney Jeff Ashton's office.
Last week, after months of investigation, Florida State Attorney Jeffrey Ashton’s office released a report on the shooting of Ibragim Todashev. We’ve been looking forward to this report, hoping it would shed light on some of the mysteries we outlined a few weeks ago in our episode "Dead Men Tell No Tales". It does not disappoint. It's impressively thorough, hundreds of pages long, and it answers some of the questions we raised.
Ibragim, you may remember, was killed by an FBI agent while being questioned at his apartment in Orlando last May. But there was an odd detail to the story: law enforcement officials told reporters that right before the FBI shot him seven times, Ibragim implicated himself in a triple murder. His alleged accomplice for that crime? One of the accused Boston Marathon bombers, long before the Marathon bombing. According to the leaks, Ibragim Todashev was just about to write out a confession when he freaked out, attacked a federal agent, and they had to shoot him to death.
When we did our episode on all this, the FBI and Massachusetts State Police declined to speak with us, so we were left with lots of questions about what happened the night Ibragim Todashev was shot. And we wondered: was Ibragim truly involved with the triple murder? How much evidence did they have linking him to the crime?
The Florida State Attorney’s Office did not interview the FBI agent who pulled the trigger in Ibragim’s apartment, but did question the three other law enforcement officers who were there that night: two Massachusetts state troopers and a member of the Joint Terrorism Task Force. Investigators also reviewed photographs, documents, audio and video recordings, text messages, and lots of other material.
Here are, in our opinion, the most interesting revelations from the State Attorney Office’s investigation:
Why didn't they arrest Ibragim that night in his apartment? Did they not have enough evidence for an indictment? The answer to that is no, they didn't. Again, Ibragim was not officially a suspect at the beginning of the interview. The report includes a text message conversation between one of the state troopers and an unidentified person who appears to be involved in the investigation. At one point, after he was informed that Ibragim had confessed to his role in the Waltham triple murder, that person texted the state trooper: "Don’t put him in custody until we get a warrant."
The Florida report also mentions an assistant district attorney back in Massachusetts who, when he learned around 10:30 PM that Ibragim had implicated himself in the triple murder, says he headed to his office that night to draft an indictment.
Another big revelation from the report: There are recordings of the final interview with Ibragim.
In our story, we reported that there were no recordings from that night, because in all the law enforcement leaks and official statements to the media after the shooting, and in all our conversations with people connected to it, no one had ever alleged that there were. The reason for this, it turns out, is that the FBI itself claims it didn’t know there were recordings. The Massachusetts State Police apparently made them on their own, and then didn’t tell the FBI about them in initial interviews after the shooting.
Investigators made one audio and four video recordings of the five-hour interview, captured on three different devices, including a trooper’s cell phone and a video recorder that the trooper had to keep deleting his family videos from during the interview in order to make room on the memory card. "It wasn’t a thought out plan...we were moving on the fly," the trooper says in the report.
There is not a recording of Ibragim attacking the FBI agent or the subsequent shooting. When Ibragim began writing his confession, the trooper who was videotaping stopped recording to check the text messages on his phone.
Still frames from video recordings taken in Ibragim Todashev's apartment, shortly before he was shot and killed by an FBI agent.
So, since there are recordings: What exactly did Ibragim confess to?
According to an FBI document that’s excerpted in the report, during the interview Ibragim claimed he was not involved in the triple murder, but the interrogators kept confronting him about it. Finally, a little before 10:30, Ibragim said, "Okay, I’m telling you I was involved in it, okay, I, I had no idea REDACTION gonna kill anyone."
Here's more from another, largely redacted, FBI document:
According to the State Attorney Office's report, when Ibragim stated that it was just going to be a robbery, one of the Massachusetts state troopers says he believed they had probable cause to arrest Ibragim. They Mirandized him, but did not arrest him. Instead, they continued to question him for at least another hour. Eventually, one of the officers got Ibragim to agree to write his confession down. At 11:55 PM, one of the state troopers sent a message to the person he was texting with during the interview:
Trooper: "Whos your daddy"
Trooper: "Getting confession as we speak"
Unidentified Person:"Shut the hell up…thought that’s what u were saying. Who doin interview? Any other suspects?"
Trooper: "Me FBI guy And REDACTED. He [Ibragim]. Is now writing the statement. Gonna be a long night. Still in his apt in Orlando. Admitted his role"
When that last text was sent, at 11:59 PM, Ibragim was sitting across from the FBI agent, writing his confession on this notepad:
The photo of the notepad in the report is redacted. But our colleagues at Boston Magazine got a hold of what we believe is an unredacted copy of what Ibragim wrote:
As you can see, the photo is blurry and sometimes illegible (see larger version here). But here’s our best interpretation of what Ibragim wrote:
My name is IBRAGIM TODASHEV
I wanna tell the story about the robbery
me and Tam did in Waltham in September
of 2011. That was [?] by Tamerlan.
[?] [?] he supposed to use to rob
the drug dealers. We went to their
house we got in there and Tam had
a gun he pointed it [?] the guy that
opened the door for us [?]
we went upstairs into the house
[?] 3 guys in there [?] we put them
on the ground and then we [?]
[?] taped their hands up.
After he got to that last line, Ibragim knocked over a table, went after the Massachusetts state trooper with a pole, and was shot seven times and killed by the agent.
But that last line of the written confession caught our eye: Could Ibragim have made a false confession?
Ibragim wrote something to effect of: "we put them on the ground and then we...taped their hands up." The Florida state attorney's report points to this line specifically as demonstrating "the gravity of [Ibragim's] involvement with the crimes being investigated."
But Susan Zalkind, who reported our radio story, spoke last week to the person who first discovered the bodies the three Waltham murder victims, and heard a contradictory account. Susan wrote about it for Boston Magazine:
...when Hiba Eltilib discovered the bodies of her boyfriend Brendan Mess, 25, Erik Weissman, 31, and Raphael Teken, 37, their hands were not bound or taped, she said Wednesday in a phone call from Sudan. Eltilib said that she found the bodies in three different rooms, all belly-down, in neat pools of blood, heads turned to the side.
"None of their hands were tied as I recall," she said.
In an interview Wednesday, Aria Weissman, Erik’s sister, said she’d never heard mention of any of the victims having their hands taped, either. "That was the first time hearing anything about it being him tied up, that’s really bizarre," she said.
And while the note’s claim that "we put them on the ground" sounds as if the victims were ordered down at gunpoint, at least two of the victims showed signs of a fight, according to friends who saw the bodies. Weissman had a bloody lip, and Mess had puncture marks on his temple and the top of his head, another mark by his ear, bruises on his face and scratches on his arms.
The confession mentions a gun, but it doesn’t mention the murder weapon. When Eltilib discovered the bodies on September 12, 2011, the victims' throats had been slit with enough force to nearly decapitate them. The note suggests the motive for the crime was a "robbery," even though eight and a half pounds of marijuana and $5,000 in cash was left in the apartment—and all three of the victims knew Tamerlan. Mess was a close friend.
...Of course, by all accounts, the confession was incomplete. And because of the difficulty in deciphering the document, it’s impossible to say for sure that the note is inconsistent with reports of the crime scene. "Put them on the ground," for example, might have been Todashev’s way of describing a physical fight. The note ends abruptly; there was almost certainly more to the story, but Todashev never finished it.
What should we make of this? If it's true that the victims' hands weren’t taped or bound, why would Ibragim write that he'd taped them? If he did actually take part in the crime, it seems like a noteworthy detail to get wrong.
We called Jim Trainum, to get his take on it. Trainum is a former D.C. police detective who’s an expert on false confessions. (We did a story about Trainum and false confessions last fall.) Trainum does not have inside knowledge of Ibragim's case. But he said that in general, in a reliable confession, when someone gives incorrect details it's usually because they're minimizing their role in the crime, not increasing it.
"For example," he said, "a guy who kidnapped and murdered a child will admit to those but not to the sexual assault. However, if it were the opposite — if you had no sexual assault and the person admits sexual assault — then what’s going on there? Why increase their culpability?"
Trainum doesn't have enough information on this particular case to determine if Ibragim's confession was valid. But he said adding a detail like that can be a sign of a false confession. It's odd that Ibragim would say he'd helped tape the murder victims' hands if that didn't actually happen.
Richard Wallsh, the executive director of Florida State Attorney Jeff Ashton’s office, told us the chief investigator in charge of looking into Ibragim’s shooting did consider the possibility that Ibragim had given a false confession. But Wallsh said that wasn't the focus of their investigation, and the fact that the Massachusetts state troopers felt they had probable cause to arrest Ibragim led the investigator to conclude that the confession was legitimate.
Members of the State Attorney's Office were also able to watch much of Ibragim's interview on the videos recorded by the state trooper. According to the office’s report:
At the conclusion of the review, everyone in attendance agreed the manner in which the interviewing officers communicated with Mr. Todashev was not coercive. During this review, we collectively identified how well Mr. Todashev appeared to be walking as he moved about the room….The group did not observe any violation of his legal rights.
It's important to note, though, that "coercive" means something different in legal terms than it does in practice. "Attorneys are looking at coercive tactics for whether or not they make the confession admissible in court," Trainum said. "They’re usually not judging it on whether problematic interrogation tactics were used that could’ve elicited a false confession."
Clearly the FBI agent and Massachusetts state troopers interviewing Ibragim were satisfied with his confession at the time, because they were getting ready to use it as probable cause to arrest him. And the FBI and Massachusetts investigators are still saying almost nothing about Ibragim's death or the Waltham triple murder case. The FBI released a short statement saying they will keep trying to improve agent safety and training. Meanwhile, the Waltham triple murder case remains open.
"Identifying all parties responsible for that terrible incident remains a top priority for the Middlesex district attorney's office, the Waltham Police Department, and the Massachusetts State Police," the Middlesex district attorney’s office in Massachusetts, which has jurisdiction over the Waltham triple murder, said in a statement after the Florida report was released. "We will not be issuing any further comment at this time.’"
We believe it’s possible that law enforcement is correct about Ibragim’s confession, and that he told the truth. But we believe there’s also a possibility that Ibragim gave a false or partially false confession. It’s possible he was not involved in the triple murder. If that’s the case, he was an innocent man who panicked under questioning, gave a false confession, attacked an FBI agent and a Massachusetts state trooper, and was shot to death.
The Florida state attorney concluded that once Ibragim threw over the table and attacked the officers, they were justified in shooting him in self-defense. Our reporting supports this conclusion. Ibragim was a trained mixed martial arts fighter, and he’d been in several fights where he’d attacked someone and police were called. The interview took place in a small apartment and it’s reasonable that both the FBI agent and the trooper felt that their lives were threatened.
Ira: OMG I just got punked by Charlayne Hunter-Gault and Gayle King on Network TV!
I was asked to host the award ceremony for the Peabody Awards this year. And yes, you may not have heard of it, but for anyone in radio or TV it's a big big deal. The winners this year include iconic, best-ever shows like Breaking Bad.
They announced the winners today live on CBS This Morning. One of the judges, Charlayne Hunter-Gault was there. As the host of the ceremony in May, I was there.
Yesterday I was sent a list of this year's Peabody winners. All of us at This American Life hoped we might get an award for our shows about Harper High School. And when I read the list of winners, it was, honestly, a huge disappointment to see that we weren't on it. Everyone here was pretty bummed.
Then this morning at CBS, I talked to the guy who runs the Peabody Awards as I waited to go on TV. We're making small talk, and he brings up Harper High School. He tells me how he and the judges loved it, but there were so many great submissions this year, it was so hard to pick winners, blah blah blah. He actually seemed a little nervous having to say this to me and I felt kind of bad for him. We both got very polite with each other. What can you say, really? We hadn't measured up!
Then I go on TV with Charlayne Hunter-Gault and she's reading the winners and the third one she reads is … Harper High School! I was stunned. Really stunned. In fact, right before she said it, I glanced down at her note cards and saw Harper High School and almost pointed to it and said "No no, that's a mistake. We didn't win."
Charlie Rose is one of the hosts of CBS This Morning and apparently he didn't know he'd won either. They announced it on the show. Gayle King and Charalyne were the only ones who knew.
So that's how I got punked by the country's oldest and most venerated broadcast award, and by Charalyne Hunter-Gault and Gayle King. Not sure what appropriate payback for this is but y'all are on notice: watch your backs.
A Peabody special will air on the Pivot TV network. Full list of winners is here.
We've also won Peabody Awards for our episodes Habeas Schmabeas, The Giant Pool of Money and What Happened at Dos Erres. In our first year on the air, 1996, This American Life was given an award for capturing "contemporary culture in fresh and inventive ways that mirror the diversity and eccentricities of its subjects."
We're In The Veronica Mars Movie!
Ira writes: Our staff gets its big-screen major-studio debut today when the Veronica Mars movie opens. There's an early scene in what are supposed to be the offices of This American Life and the filmmakers were kind enough to let our actual staff play themselves, as extras wandering around the scene. I have a couple lines.
For those of you who never watched Veronica Mars when it was a TV show, here's what you need to know: it was a film noir, set in high school, then in college. Like Buffy and The OC, it was funny and great and rose above its own teen genre. Totally worth checking out online if you missed it.
The movie exists thanks to a record-breaking Kickstarter campaign, meaning a lot of the money — over $5 million dollars — came directly from fans. And no, we didn't get into the film via a monster donation. We’re in the film because when writer/director Rob Thomas tried to figure out where each character would be seven years after the TV show ended, he had one character — Piz — who’d been working at a college radio station. Maybe he graduated and got a job at This American Life?
We shot our scene in July in the offices of public radio station KPCC. It's not our real office because the film was shot in Los Angeles. They put up a couple of This American Life posters and a WBEZ logo on the microphone and voilà.
Here's what I learned about filming a scene with Kristen Bell and Chris Lowell (who plays Piz). At the end of nearly every take, one of them or both would do a little fist-pump thing and go "Nailed it!" which was a joke but I have to say was completely contagious. Now in the studio sometimes when I'm doing the radio show, when I finish an intro, the mic goes off and that's what I say.
I love the movie. I know I'm not exactly an objective source about this but it got tons of laughs at the premiere which definitely does not always happen. As a fan of the TV show, I choked up a few times. And two people in our group who'd never seen the TV show both said they were completely entertained.
And now for the geekiest thing we will ever do here on our blog: here's a guide to the real-life This American Life staffers who appear in the film. It's not our whole staff. And yes, I'm very aware that the only people in this world who could possibly be interested in this are superfans of the radio show who ALSO are superfans of Veronica Mars. If that's a Venn diagram that does not include you, no hard feelings. Pictures of us on the set and at the New York premiere with the cast are below.
Phia — who was our intern at the time (and now works at Planet Money) — is actually in a shot where you can see her suddenly realizing she's not standing on her mark. She steps backward, to the spot she's supposed to be. Yes, this is what happens when you invite complete amateurs into your film.
Chris Lowell who plays Piz also likes to take photographs, and he took a bunch of black and whites the day we were there.
Me and Kristen Bell.
Brian Reed, Jonathan Goldstein, and Emily Condon.
Brian Reed and Lisa Pollak.
Nancy Updike, who'd just flown in from overseas.
This American Life staff with Kristen Bell.
James Franco was on set the day we were there. Incredibly, he knew who we were. I'd just seen This is the End and told him how much I'd liked him in it, and he pointed out that he was acting, that that wasn't really him, which I knew but it made me feel bad for all the dumbass things people must say all the time to James Franco. That's Rob Thomas, the film's writer and director, in the middle. Photo by Adrianne Mathiowetz.
This next set of shots was taken at the New York premiere on Monday night. The party afterwards was a deeply endearing scene: hundreds of marshmallows who'd donated money to the film on Kickstarter got a chance to hang out with the stars of the TV show they loved and everyone was so surprisingly cool and nice. I met people who flew in from Washington State and Wisconsin and Qatar. Kristen Bell and Rob Thomas and the others were just amazingly sweet, joking around and talking and taking pictures with everyone who wanted to talk to them. It reminded me of a public radio reception, except with free booze and movie stars.
Photos by The Booth Photo & Video: