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Criminal Action
No. 13-10200-GAO
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APPEARANCES:
OFFICE OF THE UNITED STATES ATTORNEY
By: William D. Weinreb, Aloke Chakravarty and
Nadine Pellegrini, Assistant U.S. Attorneys
John Joseph Moakley Federal Courthouse
Suite 9200
Boston, Massachusetts 02210
- and UNITED STATES DEPARTMENT OF JUSTICE
By: Steven D. Mellin, Assistant U.S. Attorney
Capital Case Section
1331 F Street, N.W.
Washington, D.C. 20530
On Behalf of the Government
FEDERAL PUBLIC DEFENDER OFFICE
By: Miriam Conrad, William W. Fick and Timothy G. Watkins,
Federal Public Defenders
51 Sleeper Street
Fifth Floor
Boston, Massachusetts 02210
- and CLARKE & RICE, APC
By: Judy Clarke, Esq.
1010 Second Avenue
Suite 1800
San Diego, California 92101
- and LAW OFFICE OF DAVID I. BRUCK
By: David I. Bruck, Esq.
220 Sydney Lewis Hall
Lexington, Virginia 24450
On Behalf of the Defendant
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I N D E X
CLOSING INSTRUCTIONS BY THE COURT..................PAGES 4, 172
CLOSING ARGUMENT BY MR. MELLIN.....................PAGE 61
CLOSING ARGUMENT BY MS. CLARKE.....................PAGE 96
REBUTTAL BY MR. WEINREB............................PAGE 137
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P R O C E E D I N G S
THE CLERK:
THE CLERK:
Be seated.
THE COURT:
THE JURORS:
THE COURT:
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Is
that true?
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THE JURORS:
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THE COURT:
Yes.
And, again, have you also insulated
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case?
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THE JURORS:
Yes.
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THE COURT:
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Yes?
All right.
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case.
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possibility of release.
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Life
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Substantively,
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As I
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should be.
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must complete.
deliberative duties.
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in this case.
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in this case.
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By contrast,
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doubt.
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I have
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doubt.
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proposition in question.
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reasonable doubt.
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It
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compared and weighed all the evidence using your reason and
your common sense, you cannot say that you have a settled
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is probably true.
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reasonable doubt.
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offenses.
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reasonable doubt.
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the evidence that you will remember from the first phase of the
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trial.
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The
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they're telling you what they expect the evidence will be, and
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the case.
the evidence differs in any way from the way the lawyers have
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excluding evidence.
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from the kinds of decisions you'll have to make, and you should
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rulings.
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no evidence.
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Similarly, questions
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impressions of the facts of this case from the time before you
such impressions.
had not trusted your answers in that respect, you would not be
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the case.
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case.
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Internet access.
laptop.
or actual items.
well.
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exhibits.
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consideration.
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accurate or true.
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witness, you should think about the testimony and decide how
You may find, as you think about the evidence from any
perhaps just about nothing that the witness has said, and
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doubtful about.
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total.
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Does
A tendency to
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generally as experts.
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appropriate.
for any opinion and any other evidence in the case that you
consider pertinent.
be given.
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enforcement officials.
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It is
You ought to
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but also in the context of all the other evidence you have
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heard.
which you were originally skeptical, and then you might hear
bit more.
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Then you
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end of the first phase of the trial by pointing out that you
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burner.
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An
You
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speculating.
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the evidence, you can't just pick one you happen to like.
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reasonable doubt.
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As before, do
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Instead, it
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mitigating factor.
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Accordingly, it should
Although
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counts.
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four homicides.
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fact that these four homicides have given rise to more than
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punishment.
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capital count.
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I will then
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the time of the capital offenses for which you have found him
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guilty.
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capital offenses for which you have found the defendant was at
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which you have found the defendant was at least 18 years of age
at the time of the offense and have also found the existence of
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sentence.
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death on the defendant for that offense; or, if you do not find
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Excuse me.
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to display for you the verdict slip that you will be filling
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as I go through them.
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your decision.
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death penalty for any capital count, you must unanimously find
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government.
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Section II:
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consider and decide the issue again for the purposes of this
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trial.
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anyone else.
else.
intent.
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You may, but are not required to, infer that a person
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multiple choices.
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I think
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some but not all of the capital counts, you're to indicate that
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You'll see
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sentence of death.
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was 18 years or older at the time of the offense, you must then
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offenses for which you have found the defendant was 18 years
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old and for which you have found at least one gateway factor.
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The
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episode.
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specifically alleged.
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intent.
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Instead, you must now consider and decide the issues presented
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for which you have found the evidence of at least one gateway
form.
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release.
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Specifically, the
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Section 2332(a).
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Section 844(i).
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conduct.
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bomb.
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or accident.
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commerce.
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first,
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cause an explosion.
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offense.
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first, that
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someone else committed the charged crime; and, second, that the
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help it succeed.
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aggravating factor.
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proved.
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unanimous.
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Mr. Tsarnaev was conscious and aware that his conduct in the
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result.
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made or acts done by Mr. Tsarnaev and all the facts and
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as Tamerlan Tsarnaev.
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the form.
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killings.
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faculty.
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significant.
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offenses.
verdict form.
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Collier.
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The government
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whether to do it.
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planning or premeditation.
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MR. WEINREB:
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THE COURT:
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I don't think it
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(Brief pause.)
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THE COURT:
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The
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You must
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and 15.
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accidentally or involuntarily.
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place or purpose.
Again, you may, but are not required to, infer that a
Thus,
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and probable consequence of his acts, even if the death did not
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verdict slip.
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The
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everyday meaning.
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A juvenile is a youth.
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victim was vulnerable due to his youth and that there was a
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Again,
intent.
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own.
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counts.
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The government
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9, 10, 14, and 15; to Lingzi Lu and her family and friends,
Collier and his family and friends, Counts 1, 6, 16, 17 and 18.
that draws large crowds of men, women and children to its final
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effects of terrorism.
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only.
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a lack of remorse.
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death.
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Massachusetts.
through 18.
I do
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a reasonable doubt, you may not consider the fact that the
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court.
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In
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You
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you'll recall that I listed the ones that -- and you'll see it
government claims.
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a permanent disability.
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When coupled
Physical force
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acts forcibly.
one.
dangerous weapon.
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body.
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intent.
"A substantial step" is an act in furtherance of the
criminal scheme.
preparation but less than the last act necessary before the
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not necessarily imply any ill will, spite or hatred towards the
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individual killed.
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and following the killing which tend to shed light upon the
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question of intent.
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unanimous.
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As I mentioned at the
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counts for which you have found the defendant 18 years or older
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And
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Again, remember
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That
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counts for which you have unanimously found that Mr. Tsarnaev
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you must also consider whether Mr. Tsarnaev has proved the
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evidence.
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of proof.
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the following:
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was the person who shot and killed Officer Sean Collier;
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care for him; 11, Dzhokhar Tsarnaev's aunts and cousins love
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Tsarnaev has expressed sorrow and remorse for what he did and
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can be any number because any number of jurors could make the
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decision.
As I say, that
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death penalty.
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Accordingly, if
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for Mr. Tsarnaev by which any juror, on his or her own or with
the evidence.
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And
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process.
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verdict form only asks you to report the total number of jurors
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For
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evidence and the crime committed, though you may conclude that
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there is.
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offense.
process.
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each of the counts for which you have unanimously found that
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the defendant was 18 years old at the time of the offense and
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to that count.
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with respect to each of the capital counts for which you have
found the defendant was 18 years of age or older and you have
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exist.
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defendant.
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It is for you
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possibility of release.
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room.
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First,
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imposed.
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death.
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mechanical process.
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Rather,
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death.
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Thus,
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decision-making process.
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Each juror is
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the capital counts -- for some of the capital counts that the
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the victims.
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statement.
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stage.
with you.
We
And when
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THE CLERK:
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Very short.
All rise for the Court and the jury.
The
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THE CLERK:
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THE COURT:
All right.
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THE CLERK:
Be seated.
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THE COURT:
All right.
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Mr. Mellin?
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MR. MELLIN:
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THE COURT:
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MR. MELLIN:
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THE COURT:
Yes.
Thank you.
Go ahead.
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That's all.
All right.
MR. MELLIN:
Good morning.
THE JURORS:
Good morning.
MR. MELLIN:
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apology.
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children.
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No remorse, no
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2:45 p.m.
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as possible.
It's
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He saw that he
children.
He didn't pick up
He didn't care if he
In fact, killing
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entire population.
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He
And he
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(Pause.)
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MR. MELLIN:
He waited almost 12
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times that long before giving his brother the go-ahead and then
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little Leo screaming for mommy and daddy, being handed off to
He
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strangers.
die, and he didn't know if he would live to ever see Leo again.
It's Martin
over him, injured in one eye, and begs him to stay alive,
Please, Martin."
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organs inside.
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in his head, dying as his own blood pools in that car seat.
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their mangled and ruined limbs when just moments before they
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were fine.
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It's not just the dead and the wounded who were
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told you that he had to choose between saving Jane, who was
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near certain death, or going back and seeing Martin in his last
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moments of life.
Bill Richard
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life, but he did not value the lives of his victims, not even
didn't care for a second what impact his actions and his
and friends.
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memories.
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ever come.
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The defendant
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Finally,
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later, Bill still feels the loss, the loss of his sister, and
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You heard
Two years
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he is gone forever.
that job.
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Now
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suffers from PTSD and could not even get out of bed for two
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anniversary of his death, and Easter will never be the same for
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that family.
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Collier:
character.
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And two
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their future.
She was
dad.
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on?"
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never go away.
If
Her
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I love you.
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for Martin.
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embraced his son Henry for a moment and then told Henry, "You
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Those are the lasting images Denise Richard has for the rest of
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her life.
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He
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coming in and out of consciousness, and each time she was awake
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family.
Bill Richard did tell you that he can "still hear the
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day.
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We just
It's a lengthy
And once you go through this form and this process and
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the weighing of the factors, you will see how the aggravating
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death.
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a sentence of
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22nd, 1993.
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factors.
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phase.
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2010.
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"In one or two days, the bomb could be ready to kill at least
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ten people.
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How
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It's obvious
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terrorists.
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but destroy.
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explosion, the acrid smoke, the searing heat, the broken glass
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of the windows, the chaos and the noise, and the river of blood
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mass destruction terrifying and make the deaths that they cause
cases.
It's clear the defendant killed more than one person by using a
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and premeditation.
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impulse.
The whole plan was well thought out and a long time
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in the making.
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It's a recipe book for the bombs that were used in this case.
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Little Christmas lights, pipe bombs like the ones used in this
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He read
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weapon.
Manchester.
triumphs."
That's an essential
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action."
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April 7th.
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card, the SIM card he used to call his brother to give him the
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was an ambush.
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across the campus, and they went straight to the door of his
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car.
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they did not hesitate because they knew exactly what they were
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going to do.
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his goal makes him more culpable and his crimes worse.
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In other
How
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EMS, he told you that he and other EMS workers sorted the
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given red tags -- 30 -- meaning that if they did not get to the
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Sydney Corcoran told you that she felt her whole body
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sidewalk.
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Exhibit 20.
She was
In the middle
see his bone, and all he could say was, "This is really messed
up."
conscious throughout.
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I knew it instantly."
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As Dr. King told you, every surgery is dangerous and can itself
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be life threatening.
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shrapnel.
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Over 60.
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volume.
in a crowded area.
explosive device:
two, camouflage the device with something that would not hinder
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The grave
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killing them.
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Judge
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You saw
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Lingzi Lu.
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their limbs and punched gaping holes into their legs and
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torsos.
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filling the bombs with little nails and BBs and other tiny
on page 40:
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Sound familiar?
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see in the figures below, you need to glue them to the surface
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of your canister.
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As you can
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political statement.
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Dr. King told you that Martin did not die right away
and that the shattering of his arm and the twisting of his
experience that excruciating pain because you can see her here
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her.
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You saw
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the photos of her screaming as she lay dying, and you heard
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Danling tell you how it pained her that she couldn't help her,
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mass destruction?
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Martin Richard.
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affected.
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No one
Can there
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boy and his abdomen and key organs were closer to the ground.
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the victims were, the more exposed they were to the shrapnel.
weighed 69 pounds.
Where the shrapnel from that bomb ripped apart the top
of Lingzi Lu's legs, that same shrapnel headed right for the
an adult.
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the impact of the crimes on the families, and I won't say more
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that murder worse than others, but choosing the Boston Marathon
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Committing
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event.
As Stephen Silva
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had told you, the defendant had gone to the marathon the year
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before, 2012.
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Street, all the way to the finish line, drew huge crowds.
happened.
He
10
11
12
televised.
13
14
Boston, but all over the country and all over the world.
15
16
17
18
19
20
21
22
23
24
25
Police
To kill a police
59-79
that MIT campus, from the students to the homeless men who
should be.
10
11
12
13
14
15
dozens.
16
17
18
Officer Reynolds told you that after he learned the police were
19
20
21
was in front.
22
23
24
25
59-80
lit bombs, the pipe bombs, and a pressure cooker bomb, and
10
and the officers were trying to arrest him, the defendant made
11
12
13
14
15
16
17
He saw an opportunity to
18
19
or he, like Tamerlan Tsarnaev, would likely have been run over
20
and killed.
21
22
23
24
25
59-81
into Whole Foods like it was an ordinary day and shopped for
milk.
He strolled
city."
10
11
12
wrong.
13
14
15
Boston.
16
17
18
19
no mistake:
20
15th.
21
22
He failed
Make
It
23
24
25
An
59-82
the SUV with Tamerlan Tsarnaev, the defendant walks into that
ATM and coolly withdraws money from Meng's account like it's
time buying snacks for that trip to New York where he wants to
8
9
10
11
12
13
14
face.
15
16
17
18
19
so little remorse?
20
21
22
23
24
25
59-83
close.
direction.
factors.
of those factors very briefly right now, and Mr. Weinreb will
10
rebuttal.
11
12
13
14
15
16
His age:
These factors
None of the
17
18
19
20
21
imposed.
22
23
development of the brain are in line with the law, and the law
24
25
59-84
case about Tamerlan Tsarnaev, but Tamerlan Tsarnaev was not the
defendant's master.
in arms.
other terrorists.
America in a way that would win them glory and win them a place
in paradise.
8
9
Both
10
11
12
13
14
15
16
17
18
19
the children.
20
21
22
23
24
25
59-85
face on the news to rejoin his brother for their final acts of
terror.
10
11
to buy the Red Bull and snacks for the trip to New York.
12
when the police caught up with him, he led the way to the site
13
14
bombs and then with an SUV, without any help from his brother
15
or anyone else.
16
17
And
18
19
stand."
20
21
He went
"I can't
Nowhere in that
22
23
24
learned the value of love and caring and support from his
25
59-86
consequences.
know, after hearing from Warden John Oliver, the warden at ADX,
He won't be put in a
dungeon.
You now
10
with a window.
He'll have a
11
12
13
book.
14
15
won't need to deal with the fear of others hurting him because
16
17
He'll
And he
18
contacts.
19
20
Unlimited.
21
privileges.
22
23
24
yearly.
25
requirements.
As you've heard,
59-87
Times change.
No
different choice.
He didn't take on
10
11
managed to escape.
12
Street, and then he hid -- he ran, and then he hid in the boat.
13
14
The defendant
It
15
16
17
Sean Collier.
18
back in the position they were to run on their own two legs
19
again.
20
21
that decision, but you all said in the right case, if the
22
23
24
case.
25
This is that
59-88
defendant as a child.
else.
on the beliefs and the writings and the lectures, and he acted
He acted
10
He was an adult.
11
12
13
14
of society:
15
16
17
18
19
Thank you.
20
THE COURT:
It is your job to
21
the lunch recess at this point and have the -- but I propose to
22
23
1:15.
24
you.
25
59-89
2
3
MS. CONRAD:
4
5
THE COURT:
All right.
Okay.
THE CLERK:
10
jury:)
11
12
THE CLERK:
13
14
MS. CONRAD:
open court.
15
THE COURT:
16
MS. CONRAD:
17
MR. BRUCK:
Should we go back to --
18
THE COURT:
19
MS. CONRAD:
20
21
THE COURT:
22
MS. CONRAD:
23
said --
24
THE COURT:
25
MS. CONRAD:
This is awkward.
Seriously.
59-90
10
11
12
Roper v. Simmons, and the reason why the law requires that one
13
14
15
16
17
18
19
20
21
Mr. Mellin to mislead the jury about what the law -- why the
22
23
24
25
59-91
programming.
MR. BRUCK:
10
11
12
13
14
15
16
for.
17
18
MS. CONRAD:
19
THE COURT:
20
MS. CONRAD:
21
MR. FICK:
22
argument.
23
24
25
59-92
factors.
10
11
12
13
mitigate.
14
15
MR. WEINREB:
16
17
18
19
20
21
"watch" and that the Court said that "view" was not
22
23
24
25
59-93
2
3
THE COURT:
4
5
MR. WEINREB:
THE COURT:
Yeah.
MR. WEINREB:
THE COURT:
10
11
or not.
12
MR. WEINREB:
No.
In other words, he
13
said "watch" the first time, and you had said that "view" would
14
15
THE COURT:
Right.
16
said.
17
18
I don't propose to
19
20
THE COURT:
21
THE CLERK:
22
23
THE CLERK:
24
25
THE CLERK:
59-94
THE CLERK:
MS. CONRAD:
Be seated.
Your Honor, may we just approach for one
THE COURT:
MS. CONRAD:
I'm sorry?
May we approach for a moment, please?
jury:)
MS. CONRAD:
10
11
12
13
14
15
16
17
THE COURT:
All right.
request.
18
MS. CONRAD:
19
MR. BRUCK:
20
THE COURT:
Yeah.
21
22
MR. BRUCK:
23
24
raised.
25
THE COURT:
Fine.
59-95
MR. BRUCK:
9
10
THE COURT:
11
MR. BRUCK:
12
MS. CONRAD:
Yes.
I had a note with respect to that that
13
14
15
16
MR. WEINREB:
17
general in reply.
18
factors less than 48 hours ago, and I still haven't heard what
19
20
21
THE COURT:
22
23
THE COURT:
24
25
defense closing.
Ms. Clarke?
All right.
All right.
59-96
MS. CLARKE:
Hello.
THE JURORS:
Hello.
MS. CLARKE:
and now the time's come for you to decide what to do with
Dzhokhar.
10
the case that the prosecution would come to you and ask you to
11
12
13
14
And I'm
15
16
17
18
19
20
21
22
23
agreed with the evidence of the prosecution, and we've told you
24
25
59-97
very clear.
this phase, and testified from the depth of their grief and
10
11
loss.
12
13
14
15
16
17
18
19
20
21
catastrophic acts.
22
23
about Dzhokhar and his life because he's the person you've got
24
to sentence.
25
59-98
indictment.
make a decision about who he is, who he was and who he might
become.
There are no
excuses.
with those who were harmed and killed and their families.
You're now to
10
Dzhokhar is to listen.
11
minds, as you promised that you would do, and I'm asking you to
12
13
14
15
16
beginning.
17
18
One was a
19
20
Dzhokhar's mom, and you heard about how she was fashionable and
21
22
23
They
24
25
59-99
it.
They
We heard from the women that came here from Russia that that
wasn't true.
10
11
Even the women that came here to talk with you from Russia told
12
you how unsettling all of those moves were for that family.
13
14
15
16
17
18
19
20
21
22
23
24
25
Her family
Her
59-100
and attending a baby shower and acting like the queen bee.
Dzhokhar came with his mom and dad to the United States, they
10
11
12
13
A year
Tamerlan
14
15
boxer.
16
17
was the quiet kid who kept his head down and did his homework.
18
19
20
Where was
21
22
learned English.
23
24
25
He
He learned it well.
He worked hard.
He
He
He was hard-working.
59-101
pictures of that.
She met his parents, and his parents wanted him to skip a grade
and go ahead.
We saw several
You
They
10
cared deeply for Dzhokhar then, and they care deeply for him
11
now.
12
13
14
15
mother was pulling him out of school, and Becki Norris was
16
devastated.
17
18
19
"Don't.
She was
It won't do any
good."
20
21
22
puppy.
23
24
25
she taught Dzhokhar, and one of the children that she was able
59-102
memory.
with Tamerlan?
invisible kid.
hard.
D.C., now.
grade.
10
He still tried
He lives in Washington,
11
12
He was the
13
"Yes.
14
15
"Yes."
16
17
ideas.
18
19
20
21
22
23
bomb.
24
student.
25
He did Best
59-103
Buddies.
He seemed to do high
Howard -- remember the man who came in, and he was the
job.
talk to the parents about the nutrition and all of the demands
of wrestling.
I always liked to
10
11
12
No.
They didn't
13
show up for senior day, the big day for the wrestlers when the
14
15
16
17
18
who brought his own special version of Islam into the home and
19
20
21
religious extremism.
22
23
24
25
59-104
her nieces.
"That is
10
11
12
13
14
15
16
17
18
Two years
19
20
21
Dr. Niss that when Anzor came to the United States, he came
22
23
treatment when Dr. Niss was here in 2003, 2004 and 2005.
24
25
He began getting
And
59-105
being asleep."
They're in evidence.
10
11
12
13
14
15
16
Patient reports
17
18
19
20
21
22
23
24
25
Patient
Needs
59-106
told you about the changes in Anzor and changes in his friend.
He was loyal.
He was shy.
10
He
But they
He was funny.
He was quiet.
11
12
13
prom.
14
He made her
15
16
17
the Boston Marathon bombers, one looked like Dzhokhar, but she
18
19
He
20
21
22
23
room.
24
25
59-107
dedicated.
8
9
His parents
10
of ordinary.
11
12
13
Dottin describing the bro nights that they had, and she
14
15
selfie when they clearly are -- having been done something that
16
they shouldn't have been doing, but she remembered it, and she
17
18
He had friends.
19
20
21
22
23
24
25
He
He was more
Even with his friends, 2012 was a fairly unsettling -"fairly" is a light word -- a remarkably unsettling year for
59-108
Dzhokhar.
His dad left the United States for Russia and never
returned.
10
11
12
13
14
15
16
17
was gone.
18
Many of us
They
They
19
left with.
20
21
had charisma.
22
23
24
25
Tamerlan
Tamerlan was
59-109
heard about the Avar -- the women that came in from Russia:
thousands of years.
You
10
11
the Chechenian.
12
13
14
15
The government,
16
17
18
19
20
21
22
about Tamerlan.
The
23
24
Tamerlan.
25
59-110
brother.
in his life.
We can see it in this photo with the older brother and the much
One
10
11
puppy.
12
FBI 302 was read to you, talked about Dzhokhar being like a
13
little boy.
14
15
dresser.
16
Vishkan Vakhabov, who did not come before you but whose
He was a flashy
Again,
17
18
professor.
19
20
one.
21
22
failed.
23
24
Something happened.
25
He tried, and he
59-111
discussions of demons.
brother-in-law.
Roger Franca, who used to smoke pot and drink and party and
club with Tamerlan, saw the dramatic change in him, the man
10
11
12
Boylston Street.
13
greeted each other and would only nod and shake her head in
14
greeting.
15
I think
16
17
18
inappropriate.
19
20
who, again, you heard from the 302, that extremist violent
21
22
It's
And
23
24
25
Tamerlan.
Katherine
59-112
Tamerlan's influence.
you.
told you how she tried to work with her daughter about it.
she told you how she tried to be gentle so that she could keep
daughter changed.
10
She
And
But her
11
grade on, saw the changes in her best friend and chose to be
12
13
14
told you that she feared for Katherine, she feared Tamerlan,
15
and she was so afraid from a fight that they had that she moved
16
out.
17
18
19
20
picture.
21
22
23
24
25
It's in evidence.
59-113
in the streets.
Center.
in the forest.
10
11
wants to do something."
12
13
he made yesterday.
14
15
16
17
18
He was on the
You
19
20
21
22
23
Tamerlan was
24
25
59-114
about it.
"If your husband becomes a shahid, what are the rewards for
you?"
But this
10
11
drive?
12
13
14
15
Dzhokhar's computer.
16
17
The vast majority of the materials that you heard about all
18
19
20
21
22
23
that you stare at when you don't have a document up, here it
24
is.
25
at his computer.
59-115
translations.
in evidence -- is jihad.
Allah.
great throne."
There's no god.
10
I trust in him.
11
12
13
which is good for you, and you may like something which is bad
14
for you.
15
16
what he wrote.
17
This is
18
apartment.
19
20
21
writing.
22
23
24
25
We brought
"Al Akhbar."
I mean, here's a
59-116
radical change and radical extremism when she saw him in Russia
in 2012 that she did not want her son to spend any time with
him.
So that's Tamerlan.
Russia?
nights.
10
Facebook.
11
12
friends.
13
school.
14
He was posting on
He was doing a
15
16
17
18
19
Inshallah."
20
I can't
21
22
23
24
25
mystic.
It was a
59-117
was.
any movement.
His
He
He came back
10
11
12
13
wrong.
14
15
16
articles.
17
the clips from YouTube sites, and you saw that chart that
18
19
20
YouTubes that Tamerlan was looking at, and they were either
21
22
23
24
bomb-making parts.
25
bombs with.
And Professor
He looked for
59-118
8
9
None of it.
He carried
10
11
12
13
14
15
misleading.
16
17
18
and we don't need to see them again, the Forum video films with
19
20
show Dzhokhar standing behind the tree and to argue that there
21
22
23
worse.
24
25
Do you really
59-119
Who was
Dzhokhar.
Whose
Tamerlan's.
10
and Tamerlan -- and Dzhokhar panicked and got into the car and
11
escaped.
12
13
I don't know.
14
you know what he wrote, words that had been introduced to him
15
by his brother; words that he had listened to, that were sent
16
to him by his brother; words that he had read that were sent to
17
18
them.
19
recite them.
20
21
22
23
brother?"
24
25
And
59-120
had them.
blaze of gunfire and throws the gun at them and resists, fights
and yells and screams when the EMTs are trying to give him aid.
shot.
10
11
12
You see
He followed
13
kid, this youngster, this young man who was described as gentle
14
15
16
17
18
How
19
want them to marry, marry anyway, and their marriages work out.
20
Sometimes people who have serious mental illnesses and get help
21
can function.
22
23
24
25
That
59-121
don't have to protect their families and they can ask for help
and get it and their hollowness does not get filled up by the
Dzhokhar.
Not so with
as to why this young man, who had never been arrested, who had
10
11
12
13
14
15
16
17
worst.
18
And that's
19
bad seed, and they had everyone fooled, every teacher, every
20
friend, every person who came before you and risked public
21
22
were fooled.
23
executed.
24
But you
25
promised us when you took your oath as jurors that when the
59-122
time came for sentencing, you would look beyond -- you would
look beyond the crime, you would look at the person, and you
would look at all of the reasons that the law allows you to
appropriate sentence.
And when you deliberate -- when you get the case, when
factors that the judge has gone through and the prosecutor has
10
11
12
13
14
15
housed in prison.
16
17
phase.
18
19
20
21
22
worth saving?
23
redemption?
24
25
They
Is his a life
59-123
the person.
8
9
You've
10
11
12
13
different roles.
14
15
these crimes?
16
teachers, from his friends that he was a kind and gentle boy,
17
18
Something to be considered.
19
20
21
schoolmates.
22
He was a wrestler.
23
24
time.
25
his testimony.
He was 19 at the
You may remember
59-124
product.
the reason why teenagers are the -- the way they are, why that
10
And Dr. Giedd was able to show you from brain studies
11
12
Sure, you don't know from any brain scan how mature any
13
individual was.
14
15
You'd
16
17
18
19
20
house in a prison.
21
his beliefs.
22
the law.
23
24
25
59-125
the camera.
if there were more, believe me, you would have been hearing
about it.
And
10
11
12
"I'm sorry."
13
He apologized.
14
15
redemption.
16
17
She shared her insight into him and his potential for
18
redemption.
19
20
horrible crimes.
21
22
This young Muslim guy and this older Catholic nun discussed
23
24
25
He was open.
He was respectful.
So young.
And
And
59-126
done.
That just does not sound like the same boy who wrote
necessary."
maturity.
10
"It's necessary."
That is growth.
That is
and remorse.
11
The young man that Sister Helen sat with is not the
12
13
14
15
a Catholic nun, connect with her, talk with her and have her
16
17
18
19
20
21
22
1957.
23
THE COURT:
24
MS. CLARKE:
25
What
That is
Be careful of experience.
She works -- she is experienced.
She may
59-127
cross-examination.
death penalty.
It was direct.
It was short.
It's 23
10
or 24 pages long.
11
Those are factors that you have to find -- you've already found
12
13
you have to find to make the case eligible for the death
14
penalty.
15
them off.
16
17
18
19
20
21
aggravating factors.
22
23
24
25
"Dzhokhar
59-128
has come to you and said what that means is what he wrote in
the boat and the fact that he was not remorseful during the
The crime
And you don't know many people who are remorseful during the
10
11
remorseful.
12
He's
He is sorry, and he is
13
It's Number 4.
14
15
16
17
18
Now, we
He was
19
20
21
the trigger.
22
23
24
carries.
25
59-129
10
11
If you
12
13
14
15
12.
16
17
MR. WEINREB:
18
THE COURT:
19
MS. CLARKE:
20
No.
Go ahead.
21
22
23
24
25
In
59-130
sentence.
But
The law that Judge O'Toole has given you and will
mitigating factors.
And
10
11
12
13
14
15
16
17
It isn't
18
individual decision.
19
And I know during voir dire we talked a lot about, you know,
20
"Well, I'll follow the law, and I can follow the law and do
21
22
23
24
25
59-131
death be imposed.
you to make.
make.
7
8
9
You have
You have an
Each individual.
10
11
sitting here for the last ten weeks, and I'm sure you want to
12
13
14
15
16
17
18
19
20
mitigation."
21
22
23
the counts."
24
25
59-132
sentence is death.
10
11
12
13
14
15
16
17
18
19
20
21
There was
22
And he
23
24
25
them now.
We flung
59-133
how long Dzhokhar may stay under the SAM and whether he'll get
time telling you that it doesn't snow that much in Colorado and
Mountains.
10
11
12
This isn't a
13
resort.
14
15
16
17
18
Dzhokhar Tsarnaev to death has the power to cut him off from
19
the world.
20
21
that the FBI and the U.S. Attorney in Boston, the offices of
22
the people sitting at this table, will decide how long he'll
23
24
25
What is clear is
59-134
them when they say that the justice that is required in this
need to do.
10
What is
And they're in
11
12
13
14
be no book.
15
nothing.
16
There will
There will be
17
With either of
18
The question is
19
20
21
22
If this
23
24
25
The
59-135
Mercy?
8
9
They're driven
10
11
of death.
12
13
14
15
16
17
It can't be done.
18
19
20
21
22
attention.
23
24
25
front page.
It will fade
59-136
and said, and asserted to you, "What motivated his actions was
10
11
if you believe that that's who Dzhokhar is, that is not who we
12
are.
13
involved, not just what fulfills the need for vengeance and
14
retribution.
15
We can think and reason and decide what is best for all
16
17
18
19
and mercy.
20
21
22
23
24
25
Thank you.
We ask you
59-137
THE COURT:
minute.
THE COURT:
THE CLERK:
10
THE CLERK:
11
12
THE CLERK:
Be seated.
13
THE COURT:
14
rebuttal argument.
15
Mr. Weinreb?
16
MR. WEINREB:
17
THE JURORS:
18
MR. WEINREB:
Good afternoon.
Good afternoon.
As you can see from the list of
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do it."
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in different ways, but that's the basic idea, and that's the
idea they've been trying to sell you on since day one in this
case.
That was the defense in the guilt phase, and now it's
10
brother did.
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12
Our response is
You need
13
They have to
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15
evidence.
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are.
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18
An argument isn't
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It's
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to prove.
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14.
whether the defendant deserves credit for his age or for any
Their
You
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you.
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That's entirely up to
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the mitigation case, and you heard Ms. Clarke refer to Tamerlan
22
Tsarnaev or to the older brother well over 100 times just now.
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tell you?
25
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for a minute what all that evidence told you about the
defendant.
Chechnya.
him.
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12
He has never --
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MR. BRUCK:
14
THE COURT:
No.
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MR. WEINREB:
16
Overruled.
life.
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18
They were
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Square.
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it is to live.
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They got an
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Anzor and Zubeida were not well off, but they provided
they also had a lot of the extras American kids have come to
well off, but they were rich in many things that a lot of kids
lack.
10
11
MS. CONRAD:
This is not
rebuttal.
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THE COURT:
Overruled.
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MR. WEINREB:
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16
witnesses?
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teachers who got to know him, appreciated him and helped him
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succeed.
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him.
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He had devoted
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unusually mature.
fourth grade.
wrestling team.
to say no.
own mind.
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as the defendant.
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different personalities.
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face.
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Tamerlan
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strong.
the defendant decided that he needed a gun, he got one from his
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dealers in Providence.
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12
When it
When
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argument.
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None.
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after his brother had been captured by police, he had the grit
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to get back into that SUV, make a three-point turn and try to
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How many people do you know who could pull off something like
25
that?
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MR. WEINREB:
his gunshot wounds, find a hiding place, smash his cell phones
of person he is:
brother, Tamerlan.
10
When you think back over all the evidence you heard
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claim that.
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coerced or controlled.
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year.
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there hanging out with his friends, smoking pot and playing
video games.
He had plenty of
He condemned
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He spent his
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evidence shows.
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That's interesting."
That's it.
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"Thanks.
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The defendant spent half that year finishing high school and
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And
He
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That is a far
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through a lot and still have a lot left over for their
children.
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to parent him.
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lives.
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left the nest, did they return to their families of origin from
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19
Only then, once all their kids had become adults and
Our
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best.
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Chechen heritage.
Even Professor
It
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THE COURT:
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feed.
There it is.
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MR. BRUCK:
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THE COURT:
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MR. WEINREB:
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I don't have a
This is
We already --
Overruled.
Here's what Professor Reynolds wrote
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MS. CONRAD:
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evidence.
22
the screen.
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MR. WEINREB:
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MS. CONRAD:
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THE COURT:
That's not in
It should not be on
59-149
MS. CONRAD:
MR. WEINREB:
MS. CONRAD:
THE COURT:
MR. WEINREB:
Put it up again.
I don't need to keep
it there.
THE COURT:
Okay.
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MR. WEINREB:
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THE COURT:
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MR. WEINREB:
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MS. CONRAD:
14
Honor.
All right.
There we go.
Okay.
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THE COURT:
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Go ahead.
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MR. WEINREB:
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THE COURT:
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MS. CONRAD:
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THE COURT:
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MR. WEINREB:
All right.
Go ahead.
23
back in May of 2013 before the defense hired him and explained
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declined precipitously."
the culture that had nourished that ideal and bounded it with
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9
Went down.
10
siblings were born in Kazakhstan, and his mother and all her
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Chechnya.
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brothers --
MS. CONRAD:
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THE COURT:
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MS. CONRAD:
25
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He wrote,
And both
This is a prior
inconsistent statement.
THE COURT:
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time.
2
3
MS. CONRAD:
respond to --
THE COURT:
MR. WEINREB:
time in Chechnya.
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dresser.
13
Russell, a Christian.
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brothers.
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defendant's ex-brother-in-law.
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In fact,
He said
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story.
were family members making up their own minds and making their
and that his younger sibling was under his sway, they had a
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inappropriately.
18
every day?
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aunts and uncles who haven't seen him for over a decade,
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people can tell you what things were like in the Tsarnaev
23
household.
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his house.
his family.
2012.
in college.
him?
One was only friends with him during his freshman year
And one had just met him in college and only hung
How well did they actually know
Obviously not very well since none of them had any idea
10
or in his car.
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one another?
22
to deliberate and when you decide whether they have met their
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burden of proof.
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what?
10
So
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Only a handful of
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The
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unanswerable.
it?
What better place to look for the answer than in his own
has received the reward of martyrdom, but God has a plan for
each person.
10
on our actions."
11
12
Tsarnaev.
13
That's who
14
Again, that's who he believed was guiding him, Allah, not his
15
brother.
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17
civilians.
18
unpunished."
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people.
22
allowed."
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25
He doesn't even
He's
Those
59-156
1
2
role to play.
They
January 2012 when he left for Russia, but the defendant wasn't
ready yet.
10
So Tamerlan
11
He came back
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inspired himself.
16
was only then, when the defendant made the decision to become a
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in their plans.
20
21
It
The
22
ahead to the finish line, and then he chose on his own where to
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59-157
on the gloves that were on the floor of the car by his feet,
Don't
They did not do the exact same things, but they were both
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13
crimes.
14
And what about the fact that some of the time he still acted
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17
Is that a mitigating
18
crimes.
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soil.
59-158
so successful that they not only killed four people and maimed
Airport and shut down the entire city of Boston for nearly a
day.
indiscretion.
The defendant
He wrote in the
10
boat, "I don't like killing innocent people, but in this case
11
it is allowed."
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any of that?
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SAMs.
I just want to
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upon:
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opposite is true.
59-159
possible.
Will the defendant spend the rest of his life on H unit or even
in ADX?
Why did
10
the defense choose her over all other clergy who could have
11
been invited to spend time with the defendant and then testify
12
about it in court?
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Put
And
59-160
In the end, can you be confident that you really know more
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MR. BRUCK:
MS. CONRAD:
MR. BRUCK:
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Objection.
Objection.
Under the circumstances, we object.
Given
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THE COURT:
Go ahead.
12
MR. WEINREB:
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17
fact that now, while he's on trial for his life, the defendant
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19
suffer like that doesn't tell you much about his core beliefs.
20
When you stack that up against his actions in this case, does
21
22
He wrote, "I
The
23
her, and Ms. Clarke tries to spin that into a guarantee that
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25
59-161
MS. CONRAD:
MR. WEINREB:
MS. CONRAD:
testimony.
THE COURT:
MR. WEINREB:
21.
Overruled.
Sister Helen is 76, and the defendant is
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9
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11
behavior.
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will get any more mature or reflective just because his brain
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18
camera the finger rather than showing you the whole video, but
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20
the defendant was when he came into court to answer for his
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says it is.
59-162
free to come and go, but he will be safe, well fed and have
about himself, his family, his friends, his pen pals, his next
workout, his next visit, his next phone call, his next meal?
read
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13
Maybe
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15
Krystle and Lingzi Lu in the same way he left them dying on the
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17
behind his memories of Sean Collier, the same way he left him
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remorse.
59-163
8
9
The defendant
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them, and leaving behind a bomb that you know will cause them
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13
But
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16
actions.
17
person he became.
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on the day of his arraignment, they are the best evidence you
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They tell you all you need to know about the kind of
His actions on Boylston Street, afterwards
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59-164
If you sentence
than death.
10
Thank you.
11
THE COURT:
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jury:)
MS. CONRAD:
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typewritten rebuttal.
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to those at all.
21
proper rebuttal.
22
He didn't refer
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59-165
matter.
MR. BRUCK:
said that he cleared this with me, what he said was that if we
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9
I didn't
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MS. CONRAD:
government to respond?
14
THE COURT:
15
MS. CONRAD:
16
Reynolds.
17
18
evidence.
19
offered them.
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weren't.
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one could ask whether they were truly Chechen was explained by
25
But the
59-166
the jury.
THE COURT:
MR. WEINREB:
All right.
All right.
And my
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hardly matters.
17
MS. CONRAD:
18
MR. WEINREB:
But I think it
Which part?
If one party is skilled at guessing what
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20
notes ahead of time, that's not -- you still have to wait and
21
make sure that it's actually said before you can actually get
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23
THE COURT:
Yeah.
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59-167
by the defense.
and it did.
statement.
MS. CONRAD:
10
THE COURT:
11
MS. CONRAD:
It's obviously
12
13
14
said, she didn't give any insight, she didn't say that he had,
15
16
things were things that we were prohibited from asking her and
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18
19
this, and she didn't tell you that," when they were the ones
20
21
extremely prejudicial.
22
should be struck.
23
THE COURT:
24
MR. WEINREB:
25
For
So for the
All right.
Your Honor, the Court asked the defense
We went
59-168
it.
that, with respect to the sentence that was in the proffer that
out and the defense moved vigorously keep in, it stayed in.
10
11
provide --
12
MS. CONRAD:
13
And one of the things the government objected to and the Court
14
15
with him in the future, which went to the point that the
16
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18
evidence of it.
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THE COURT:
Well, yes.
59-169
MS. CONRAD:
did not provide, that she did not explain certain things or
8
9
MR. WEINREB:
review the transcript of the argument I just gave, you will see
10
11
not say.
12
13
MS. CONRAD:
you said.
14
THE COURT:
Go ahead.
15
MR. WEINREB:
16
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18
beliefs?
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21
is an unknown.
22
And I said
That
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25
remorsefulness.
59-170
THE COURT:
MR. FICK:
Okay.
One thing.
Well,
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those people.
13
MR. WEINREB:
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THE COURT:
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MS. CONRAD:
It's
Okay.
I want to also note that the government
22
For
23
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25
direct evidence of him selling drugs, much less how much money
59-171
he made.
know, the fact that he had money to buy Domino's pizza I don't
selling drugs.
9
10
THE COURT:
11
12
MS. CONRAD:
reply.
13
THE COURT:
14
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18
MS. CONRAD:
19
THE COURT:
20
MS. CONRAD:
21
Yes.
Can I just note that I wrote down, "Did
22
MS. CLARKE:
24
MS. CONRAD:
25
MS. CLARKE:
23
jury?
59-172
night.
MS. CONRAD:
MS. CLARKE:
THE COURT:
MS. CONRAD:
deliberating?
9
10
THE COURT:
Yeah.
11
MR. BRUCK:
12
13
that too?
14
MS. CONRAD:
15
THE COURT:
16
17
MR. BRUCK:
18
THE COURT:
All right.
19
20
THE COURT:
21
22
So if
Let's do that.
23
24
which you should determine the facts and weigh the evidence.
25
59-173
obvious.
appropriate.
and frankness, but also with a due regard and respect for the
10
11
12
personal regard you may have for each other, you must each
13
14
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16
17
18
question of sentencing.
19
fullest, your oath as jurors, that you will well and truly try
20
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25
of the issues that are before you or provide any details about
59-174
your progress.
with the Court or any other court personnel, except the court
security officer by telling him that you have the need for him
There
Do not
And in no
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16
17
18
sentencing decision.
19
20
envelope in the room that at the end of the day, each day, as
21
you deliberate, you will put the verdict slip inside the
22
envelope and seal it, and it will remain sealed and be returned
23
24
25
I note for the record that you will not have your
59-175
deliberations.
from you and will not be returned to you until the court
10
11
12
deliberate.
13
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17
But as
18
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20
deliberating jury.
21
In
22
23
questions and any other remarks that are necessary from me.
24
25
59-176
during the course of the trial has been said or done to suggest
jury:)
MR. BRUCK:
10
deadlock.
11
THE COURT:
Okay.
12
MR. BRUCK:
13
All right.
14
THE COURT:
15
MS. CONRAD:
16
17
18
MR. BRUCK:
19
THE COURT:
20
MR. BRUCK:
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MS. CONRAD:
22
short.
23
MR. BRUCK:
The request --
24
THE COURT:
25
it.
59-177
MS. CONRAD:
5
6
THE COURT:
If you
She'll be
MR. BRUCK:
THE COURT:
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16
shouldn't hear.
But just
17
THE CLERK:
18
19
THE COURT:
20
21
Okay.
22
MR. BRUCK:
If I may?
23
THE COURT:
Please.
24
MR. BRUCK:
25
59-178
Court is as follows:
That will
10
11
12
does not affect the guilty verdicts that you have previously
13
rendered."
14
It also
As the Court is
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23
and the survivors and the entire community through this entire
24
case again.
25
59-179
10
11
So understanding
All right.
12
13
I don't think
14
MR. BRUCK:
Very well.
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59-180
verdict form."
If the
10
11
THE COURT:
Okay.
12
MR. BRUCK:
13
14
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16
that the jury should only impose the death penalty if it found
17
18
19
20
Sand.
21
22
23
done so.
24
25
THE COURT:
with circuit law.
That is to say
59-181
MR. BRUCK:
understand that the jury has been informed of that fact, but we
factor within the meaning of the Federal Death Penalty Act and
10
Mitigating
11
THE COURT:
Okay.
12
MR. BRUCK:
13
14
15
MR. BRUCK:
That's it.
16
THE COURT:
Okay.
17
MR. WEINREB:
18
THE COURT:
19
(Pause.)
20
THE CLERK:
21
MR. BRUCK:
Thank you.
All right.
22
23
only the instruction but also a spot on the verdict slip for
24
25
59-182
Thank you.
THE COURT:
(Pause.)
THE CLERK:
THE COURT:
Okay.
THE CLERK:
Be seated.
THE COURT:
All right.
Noted.
deliberations, jurors.
10
11
12
long today.
13
14
It has
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22
23
24
room.
25
We will be in recess.
59-183
THE CLERK:
THE CLERK:
THE CLERK:
THE COURT:
we'll go today.
process.
10
We will be in recess.
So this is as far as
11
12
13
14
15
16
17
ability to put aside and avoid any media coverage of the case,
18
19
Of course it is
20
21
22
23
No further discussion.
24
25
59-184
point, when you go back in, you can resume discussing the case.
All right?
Okay?
recess.
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At that
THE CLERK:
We'll be in
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C E R T I F I C A T E
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5/13/15