Boston Marathon bombing defense attorney: It was him
| Boston
Judy Clarke, the聽lead defense attorney for suspected Boston Marathon bomber Dzhokhar Tsarnaev, didn鈥檛 mince words during her opening statement in his trial on Wednesday.聽
鈥淚t was him,鈥� she told the jury in a packed federal courtroom in Boston, bringing a swift end to any lingering suspicion that Mr. Tsarnaev would attempt to maintain his innocence throughout the guilt phase of his trial.聽
鈥淲e do not and will not at any point in this case sidestep or attempt to sidestep Dzhokhar鈥檚 responsibility for his actions,鈥� Ms. Clarke said, adding that the acts he committed were 鈥渋nexcusable."聽
But despite her admission, Clarke was quick to point out that Tsarnaev did not act alone. He carried out the bombing in 鈥減artnership鈥� with his older brother, as lead prosecutor William Weinreb聽argued 鈥� or, as Clarke framed it, under his older brother鈥檚 鈥渟pecial kind of influence.鈥� It鈥檚 an important distinction that could determine whether Tsarnaev lives or dies.
Rosanna Cavallaro, a law professor at Suffolk University聽in Boston and former state assistant attorney general, says that for Tsarnaev鈥檚 lawyers to dissuade the jury from seeking the death penalty, 鈥渋t鈥檚 all about trying to create a relationship with them."
鈥淭hat鈥檚 all they have,鈥� says Professor Cavallaro, adding that she, 鈥渃an鈥檛 remember a case in my lifetime where the evidence has been so overwhelming.鈥�
Because a verdict of not guilty is highly unlikely, Cavallaro warns that challenging the prosecution's evidence could backfire by 鈥減oisoning the jury鈥檚 potential sympathy鈥� for him. Instead, the defense team has portrayed him as following a 鈥減ath laid by his brother,鈥� as Clarke said Wednesday.
鈥淚t was Tamerlan Tsarnaev who self-radicalized,鈥� Clarke said. 鈥淚t was Dzhokhar who followed him.鈥�
She argued that Tamerlan鈥檚 age, his 鈥渟heer force of personality,鈥� and their shared culture pushed his younger brother into helping him.
For the prosecution鈥檚 part, Mr. Weinreb argued in his opening statement that Tsarnaev was an Islamic extremist and a ruthless killer of his own making.
He 鈥渂elieved he was a soldier in a holy war against Americans,鈥� Weinreb said, as he detailed the events that occurred the week of the Boston Marathon bombing in April 2013. Three people were killed and more than 260 were injured in the attack near the finish line.
Tamerlan Tsarnaev died days after the bombing when his younger brother inadvertently ran him over during a shootout with police. Since he is unable to stand trial, it will be up to the defense team and prosecution to reconstruct the relationship between the two brothers.
However, Tsarnaev鈥檚 lawyers may have a harder time of doing so in the first phase of the trial than they initially hoped. Prior to opening statements on Wednesday, Judge George O鈥橳oole ruled that in the guilt phase he would limit discussions on whether Tsarnaev was 鈥渕ore or less culpable鈥� than his older brother. The judge said such arguments were generally not relevant before sentencing.
As Clarke wrapped up her opening statement, she pleaded with jurors to keep an open mind as they consider the evidence and, more importantly, later determine Tsarnaev鈥檚 fate.
鈥淚t鈥檚 going to be a lot to keep your hearts and minds open, but that鈥檚 what we ask,鈥� she said.
Monitor staff writer Henry Gass contributed to this report.
