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An 鈥榓ll-star team鈥 to defend accused Boston bomber Tsarnaev

Prosecutors have pursued an aggressive case against Dzhokhar Tsarnaev, so the opposition will have to be formidable, experts say.

By Henry Gass, Staff writer

One has been called 鈥淎merica鈥檚 most reviled lawyer鈥 鈥 and she鈥檚 not even the one who defended the Unabomber, Ted Kaczynski.

Miriam Conrad and Judy Clarke are two of the lawyers defending accused Boston Marathon bomber Dzhokhar Tsarnaev, and they are part of what amounts to an all-star team.

It will be formidable opposition for the prosecution, says Christopher Dearborn, a law professor at Suffolk University. But it will have to be formidable, as the prosecution has pursued an aggressive case from Mr. Tsarnaev鈥檚 first bedside arraignment in a Boston hospital three days after he was captured.

The lawyers might be maligned, or worse. But, most likely, it won鈥檛 be anything new.

Ms. Conrad, the head of Boston鈥檚 Federal Public Defender Office, will be Tsarnaev鈥檚 lead counsel. She has been described as everything from a terrorist sympathizer to an enemy combatant. The Detroit Free Press wrote that she 鈥渕ay have become America鈥檚 most reviled lawyer鈥 after deciding to represent Tsarnaev.

She also has represented convicted shoe bomber Richard Reid and Rezwan Ferdaus, who is serving 17 years for his role in a 2011 plot to bomb the Pentagon and US Capitol with remote-controlled model airplanes.

A former newspaper reporter, Conrad has talked about the satisfaction she gets representing clients who are often reviled.

鈥淭here are very few clients I鈥檝e had who I didn鈥檛 like,鈥 she told the Rhode Island Lawyers Weekly. 鈥淚f you scratch the surface, many have had difficult lives, and as their lawyer, I sort of see them whole, not just as a person charged with a crime.鈥

Because the federal government is pursuing the death penalty against Tsarnaev, federal law allowed Conrad to add at least one lawyer to her team with experience in death penalty cases. Though her request for two was denied, she was able to add Ms. Clarke, a renowned death penalty lawyer.

Clarke鈥檚 list of high-profile cases include Mr. Kaczynski and Jared Loughner, who shot former Rep. Gabrielle Giffords in 2011.

Both clients received life sentences instead of the death penalty.

Clarke rarely comments publicly on her work, but at a legal conference in Los Angeles in April 2013 鈥 not long after the Boston bombings, but before she joined Tsarnaev鈥檚 defense team 鈥 she discussed how she had gotten 鈥渟ucked into鈥 death penalty cases 19 years before when she represented Susan Smith, a mother who drowned her two children.

鈥淚 got a dose of understanding human behavior and I learned what the death penalty does to us,鈥 she said. 鈥淚 don鈥檛 think it鈥檚 a secret that I oppose the death penalty.鈥

Martin Weinberg, a Boston defense lawyer, calls Clarke a 鈥渢errific choice.鈥

鈥淚n a case when the system needs to work at its best, at its highest, there鈥檚 a call to bring in an out-of-state specialist,鈥 Mr. Weinberg says. 鈥淢r. Tsarnaev is going to get a terrific defense, and that is what the system requires.鈥