Why 'Juror 83' has changed his mind about death penalty for Tsarnaev
Kevan Fagan is the first juror to speak publicly. The official list of jurors names remains sealed, pending the defense attorneys' motion for a new trial.
Kevan Fagan is the first juror to speak publicly. The official list of jurors names remains sealed, pending the defense attorneys' motion for a new trial.
Kevan Fagan, 'Juror 83' in the trial of Boston Marathon bomber Dzhokhar Tsarnaev,聽says he probably would not have voted for the death penalty had he been aware that the families of some victims wanted a life sentence.
On Monday, the same day a federal judge ruled to keep the names of all jurors in the trial sealed, Mr. Fagan聽sat down for an interview with WBUR-FM.
Fagan is the first juror to speak publicly using his name, and to be photographed, according to the station.
Fagan would not discuss deliberations but said he "would probably change" his vote in the penalty phase of the trial if he had been aware that the parents of 8-year-old victim Martin Richard opposed the death penalty.
The week before the jury was set to deliberate on life imprisonment or death for Mr. Tsarnaev, nearly two years to the day of the bombing,聽Bill and Denise Richard wrote an essay,聽published in The Boston Globe, that a death sentence would only lead to lengthy appeals and draw out the anguish for their family:
The jurors were ordered to avoid social media and press throughout the trial.
鈥淚f I had known that, I probably 鈥� I probably would change my vote. But then again, if I knew that I wouldn鈥檛 be on the jury either,鈥� Fagan said in the interview.聽
He is co-authoring an e-book about his experience titled 鈥淛uror 83 鈥� The Tsarnaev Trial: 34 Days That Changed Me鈥� that is expected to be released at the end of September.
In the ruling on Monday, the judge said the list of jurors would remain under seal while the defense seeks a motion for a new trial. The judge stated that because the defense wants to examine social media activity of trial jurors, releasing the jurors鈥� names will enable reporters to interview the jurors and muddle the inquiry with 鈥渉eadlines and evening news.鈥� Neither the defense nor the prosecution have opposed the release of the jurors鈥� names, according to WBUR.
Fagan said his mind often returns to the trial, and that he is seeking counseling to help process "what I heard, and what I saw" during the court proceedings. The trial is "something I'll never forget," Fagan said. "That's for sure."