How Tsarnaev lawyers are pushing judge during jury selection
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| Boston
The second phase of jury selection for the trial of accused bomber Dzhokhar Tsarnaev began Thursday.
Twenty potential jurors came to the US District Courthouse in South Boston to face individual questioning from Judge George O鈥橳oole, in the presence of lawyers for the defense and prosecution and in the presence of Mr. Tsarnaev himself.
罢蝉补谤苍补别惫鈥檚 defense team voiced an early opposition to the judge鈥檚 line of questioning, with defense lawyer David Bruck asking for the judge to ask more specific questions relating to the charges against the defendant, how the specifics of the case impact their thoughts on the death penalty and 罢蝉补谤苍补别惫鈥檚 possible guilt, and how perceived public pressure 鈥 and 罢蝉补谤苍补别惫鈥檚 presumed guilt among the public 鈥 could influence them.
鈥淥ur question is not about penalty, it鈥檚 about guilt, I think that鈥檚 where rubber hits the road,鈥 Mr. Bruck told the judge. 鈥淚f [Tsarnaev] is found not guilty everyone would have to go home, they鈥檇 have to go home and face people and face up to that.鈥
鈥淭here would be such an explosion of outrage if that were to be allowed to happen,鈥 Mr. Bruck added. 鈥淚 think it鈥檚 critical for the court to ask [jurors] to imagine that, and it鈥檚 critical for them to think about what people would think of them.鈥
鈥淐an these jurors really presume this man innocent? Or is it, 鈥榃e all know he鈥檚 guilty so let鈥檚 get on to the penalty phase?鈥 鈥 Bruck added. 鈥淲e鈥檙e supposed to have a fair trial, and the trial isn鈥檛 supposed to be over already.鈥
Judge O鈥橳oole replied that such hypothetical questions 鈥渁re troublesome because they don鈥檛 necessarily provide reliable answers.鈥
The judge added that the preliminary questionnaires jurors filled out last week address Bruck鈥檚 questions.聽
鈥淭he place I do agree with you is we have to look at if the person is favorable to the death penalty and also if the person is favorable to an alternate possible outcome,鈥 O鈥橳oole said.
O鈥橳oole did start asking each juror whether they would, as required by law, demand that the government prove 罢蝉补谤苍补别惫鈥檚 guilt beyond reasonable doubt, or whether their preexisting biases would shift the burden onto the defense to prove Tsarnaev innocent.
The day served as a preview for what the next few weeks of the trial could involve. Media were not allowed in the courtroom, instead watching proceedings through a spotty video feed from two overflow courtrooms.
The challenge of finding even 18 people from the hundreds of potential jurors remains significant, based on the first 20 questioned at the courthouse Thursday.
Several jurors questioned Thursday were asked to explain inconsistencies and contradictions in their questionnaire answers. Others struggled to define their feelings on the death penalty. Some confessed to changing their minds on some answers between when the filled the questionnaire out last week and today.
鈥淭hat鈥檚 what changed since filling out the questionnaire,鈥 one juror told the judge. 鈥淚 just think it鈥檚 completely wrong to kill another man.鈥
鈥淚 wrote [on the questionnaire] that I wasn鈥檛 religious,鈥 the juror added. 鈥淭his whole process has made me more religious, I just can鈥檛 vote for the death penalty.鈥
Another potential juror explained discussing the case with his roommates.
鈥淚 live with several other males my age, very testosterone-driven household,鈥 the juror said. 鈥淭hey think that it鈥檚 very cool and they very much want me to sentence him to death.鈥
鈥淲ould you be able to make up your own mind or make a decision because of [your roommates]?鈥 the judge asked.
鈥淚 would sentence [Tsarnaev] to death but not because of them,鈥 the juror replied.
The judge pressed another juror who admitted not being willing to impose the death penalty.
鈥淵ou would never impose death penalty?鈥 he asked. 鈥淥r it would take a lot to get you to impose the death penalty?鈥
鈥淚f it was my child [who鈥檇 been killed] I could do it,鈥 the juror replied.
鈥淲hat if it was somebody else鈥檚 child?鈥 the judge asked.
The juror paused for a moment, then said, 鈥淚 wouldn鈥檛 want to do it, no.鈥