• With: Jim Hammer, Ted Williams, Bernie Grimm - 'On the Record' Legal Panel

    This is a rush transcript from "On the Record," May 1, 2013. This copy may not be in its final form and may be updated.

    GRETA VAN SUSTEREN, FOX NEWS HOST: According to the criminal complaint that's now been filed by the U.S. attorney's office, all three suspects have admitted removing [Dzhokhar] Tsarnaev's backpack from his dorm room. But still, their lawyers insist their clients knew nothing about Tsarnaev's alleged involvement in the bombing.


    ROBERT STAHL, DIAS KADYRBAYEV'S ATTORNEY: Dias Kadyrbayev absolutely denies the charges. As we've said from the very beginning, he assisted the FBI in this investigation. He is just as shocked and horrified by the violence in Boston that took place as the rest of the community is. He did not know that this individual was involved in a bombing. His first inkling came much later.

    The government allegations, as far as -- that he saw a photo and recognized them immediately, we dispute, and we'll be looking forward to proving our case in court. Mr. Kadyrbayev and his family are very sorry for what happened here in Boston, and he did not have anything to do with it.


    QUESTION: He did not take the computer (INAUDIBLE)

    QUESTION: ... bring it to the dump and (INAUDIBLE) fireworks are in the knapsack? (INAUDIBLE)

    STAHL: We are not saying that. Mr. Kadyrbayev told the FBI about that. He did not know that those items were involved in a bombing, or of any interest in a bombing, of any evidential value.


    QUESTION: ... Tsarnaev knew how to make bombs? And did he also know that the gunpowder, or the powder that was in the fireworks, and the Vaseline, could also be used for bomb-making, as the affidavit states?

    STAHL: No.

    QUESTION: What about the text from Dzhokhar Tsarnaev, according to the complaint, saying, Go into my room and take whatever you want? (INAUDIBLE) some kind of a signal to (INAUDIBLE)

    STAHL: That was no signal. I think it means the plain English meaning.

    HARLAN PROTASS, AZAMAT TAZHAYAKOV'S ATTORNEY: My client, Azamat Tazhayakov, feels horrible and was shocked to hear that someone that he knew at the University of Massachusetts Dartmouth was involved with the Boston Marathon bombings. He considers it an honor to be able to study in the United States and that he feels for the people of Boston who have suffered as a result of the Marathon bombing.


    VAN SUSTEREN: Right now, two of the new suspects are charged with conspiring to obstruct justice, the other making false statements to the FBI.

    Joining us, our legal panel, in San Francisco, former prosecutor Jim Hammer, and here in Washington, defense lawyers Bernie Grimm and Ted Williams.

    And I want to start first with you, Ted, and let me read from the criminal complaint. And this is the allegation by the FBI under oath in an affidavit, in which he says that Kadyrbayev decided to move the backpack from the room in order to help his friend, Tsarnaev, avoid trouble. He decided to take Tsarnaev's laptop, as well, because he did not want Tsarnaev's roommate to think he was stealing or behaving suspiciously by just taking the backpack. So knowledge?

    TED WILLIAMS, DEFENSE ATTORNEY: Yes. And it's very serious, and it's counterproductive to the lawyers' public relations gimmickry because if this affidavit is true and correct, they've got some serious problems here.

    The -- and the one question these lawyers haven't answered is, if these guys had nothing to do with this, why in the hell would they take a backpack, Vaseline, a laptop, and dump it, if they had nothing to do with it? Serious.

    BERNIE GRIMM, DEFENSE ATTORNEY: No. They had something to do with it. Kadyrbayev's lawyer essentially said -- and all this information about Kadyrbayev and what he did comes out of his own mouth. I mean, there's no eyewitnesses or ear witnesses. Kadyrbayev's lawyer essentially said, I was the first one in the door. My guy is cooperating.

    What the viewers don't know is if these guys went to trial today and got convicted, the max they could get would be 10 years. That's...

    VAN SUSTEREN: I don't agree with you on that.

    GRIMM: I know.

    VAN SUSTEREN: Let me tell you why. It maybe -- maybe...

    GRIMM: Accessory after the fact.

    VAN SUSTEREN: Maybe -- maybe Jim agrees with you, Bernie, or with me. But I think all this is, is that they put a couple charges together -- we should tell the viewers -- because they just want to have enough charges to hold them. After this, it then goes to a preliminary hearing. Prosecutors don't want to prove a lot so they don't charge a lot.

    GRIMM: Get an indictment...

    VAN SUSTEREN: Then it goes -- then it goes to get an

    GRIMM: ... indictment and they'll get...

    VAN SUSTEREN: And -- and once it gets...

    GRIMM: ... unloaded on.

    VAN SUSTEREN: And once it gets to the indictment, I think they're going to get loaded on with -- they're going to get accessory after the fact to four homicides and accessory after the fact to probably anywhere from 100 to 150 attempted murders by blowing the bomb up.

    Jim, Bernie doesn't think they're going to get accessory charges.

    JIM HAMMER, FORMER PROSECUTOR: Well, Greta, I think you're certainly right, the prosecutors are going to stack every possible charge because that's what we do as prosecutors. Having said that, this is one of the most horrific crimes we can imagine. They'll load every charge. If, Greta -- and this is a big if -- they get convicted and the judge actually stacks those accessories for each of the assaults and each of the homicides, they could spend the rest of their life in prison.