home

Death Penalty Trial Begins for Dzhokhar Tsarnaev

The Government gave its opening statement today in the death penalty trial of Dzhokhar Tsarnaev. Live updates are here. At the end of her opening, the prosecutor giving the opening displayed a screengrab of a security camera video of Tsarnaev in his cell raising his middle finger to the camera. It hasn't been admitted into evidence, so there isn't a copy, but the media reports it was taken a year ago and shows his face was scarred and he was very angry.

The defense deferred their opening until the start of their case. Several witnesses testified as to their injuries in graphic detail. Victim impact testimony in these cases is always horrific. Over defense objection, the judge admitted a video of one victim on the ground, with constant blood curdling screams. [More...]

The jury was instructed not to be swayed by emotion. They were told the sentence should not be an “emotional response” or based on what they believe victims wanted. They were also told that if just one of them refuses to vote for the death penalty, Jahar will serve life in prison without parole.

Hopefully the defense jury selection expert did a good job. He or she just needs to have gotten one pick right as to who would vote against death and stick to it.

The prosecutor today told the jury Jahar "He simply is callous and indifferent to human life...it's his character that makes the death penalty appropriate and just." That of course will be refuted by the defense witnesses.

The photo was designed for shock value. I doubt it will have any impact by the time the jury deliberates. Especially given the prosecutor's interpretation: "“He is unrepentant, uncaring and untouched by the harm and sorrow that he created,” Pellegrini said."

I think most people will recognize, even without testimony about it, that whatever caused him to raise his finger had more to do with the conditions of his confinement at that moment, and was directed at guards, not the bombing victims. Maybe he didn't like his lunch. Had it been taken while he was walking away from the bomb site, she might have an argument. Also the anger in his face belies her point he is "uncaring." He obviously cared very much about something at that moment, even if it was just himself.

< Tuesday Morning Open Thread | Monday Night TV: Senor de los Cielos Returns >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    The death penalty is not justice. (5.00 / 3) (#12)
    by Chuck0 on Wed Apr 22, 2015 at 09:07:19 AM EST
    It is revenge. Call a spade a spade.

    My son and his wife were there. (5.00 / 2) (#16)
    by itscookin on Wed Apr 22, 2015 at 09:21:29 AM EST
    They weren't hurt, but they witnessed the mayhem. They would prefer LWOP, preferably after we blow his legs off with a bomb. I think I can understand why revenge would be part of the mix for someone personally connected. They, of course, don't expect that to happen. It's just a fantasy, and a way of coping with their own horror. As long as he is never free, they are OK with either punishment. LWOP has to mean that.

    The death penalty (5.00 / 2) (#23)
    by Lora on Wed Apr 22, 2015 at 11:03:16 AM EST
    ...does not allow for the possibility of redemption.  No possibility of error. No possibility of change, either for the condemned, or for the rest of us.  It means giving up on hope, forgiveness, and compassion, values that many if not most who profess to be civilized claim we have.

    As Gandalf said in LOTR, "Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgment." -- J.R.R. Tolkien