Skip to main content

Defense moves into spotlight in Boston Marathon bombing trial

The Boston Marathon finish line minutes before the blast.
The Boston Marathon bombing trial shifts sharply in tone next week when prosecutors rest their case against Dzhokhar Tsarnaev and turn proceedings over to his lawyers, who have already admitted he planted explosives at the finish line in April 2013.

One of Tsarnaev's lawyers, death penalty specialist Judy Clarke, opened the trial on March 4 with a blunt statement to the jury that "it was him" who killed 3 people and injured 264 in the attack.

Clarke contended, however, that the 21-year-old played a secondary role to his older brother, Tamerlan Tsarnaev, in planning and executing the plot.

Her goal: Persuade jurors in federal court in Boston that Tsarnaev deserves a sentence of life in prison rather than the death penalty.

It is an argument the defense team, which includes death penalty specialist David Bruck and Boston's top court-appointed lawyer, Miriam Conrad, will not be able to make in earnest until the jury decides if Tsarnaev is guilty.

Until then, they are left to poke holes in the prosecution's case and work in as many allusions to 26-year-old Tamerlan's influence as the judge will allow, according to legal experts.

The jury got a taste of the approach in the past week when an FBI agent who searched Tsarnaev's college dorm room described finding metal BB pellets, which were packed into the bombs that ripped through the crowd. Prosecutors also said the brothers practiced shooting with BB guns. 3 days after the April 15, 2013 attack, they fatally shot a police officer.

Conrad asked the agent, Kimberly Franks, if the search had turned up actual firearms or just BBs. Franks testified that no guns were found.

When a 2nd FBI agent described finding the Tsarnaevs' Cambridge, Massachusetts, apartment empty, Conrad noted it had not been vacant when agents arrived 4 days after the bombing.

"You're not aware of the fact that Tamerlan Tsarnaev's wife and child were there at the time when the search team arrived?" Conrad asked FBI special agent Christopher Derks. Derks replied that he had been down the street when agents blasted the door open early on April 19, 2013.

By that time, Tamerlan had died of injuries sustained during a gunfight with police.

Questions like that, legal experts said, are intended to plant doubt in the jury's mind about the strength of government's case.

"Impeaching the quality of the investigation can help support their view that it was the older brother who was running the show," said Mark Pearlstein, a former federal prosecutor in Boston who has faced Conrad in criminal cases.

LONG EXPERIENCE

The defense team has long experience representing clients in death penalty and terrorism cases.

Clarke and Bruck rose to national prominence two decades ago when they defended a South Carolina woman, Susan Smith, who a jury found guilty of killing her 2 sons but spared her a death sentence after Clarke argued that her actions reflected deep depression rather than malice.

The pair's research unveiled Smith's troubled history of sexual abuse and attempted suicide, some of the mitigating factors that lawyers use to persuade a jury to consider a more lenient sentence.

Clarke went on to defend "Unabomber" Ted Kaczynski and 1996 Atlanta Olympics bomber Eric Rudolph. She also served as a defense consultant to al Qaeda operative Zacarias Moussaoui, one of the conspirators in the Sept. 11, 2001 attacks.

All 3 ultimately pled guilty and are serving life sentences.

Conrad defended Rezwan Ferdaus, who in 2012 pleaded guilty to planning to fly an explosive-laden remote control plane into the U.S. Capitol, and Aftab Ali Khan, who was deported from the United States after pleading guilty to helping transfer about $5,000 from his native Pakistan to a man who tried to set off a car bomb in New York's Times Square in 2010.

One major difference between those cases and Tsarnaev's is that prosecutors have not agreed to a plea deal, instead trying to put the ethnic Chechen, who immigrated to the United States a decade before the attack, to death.

But the same skills that have allowed the defense team to secure plea deals could help them persuade the jury to sentence Tsarnaev to life in prison without possibility of parole, legal experts said.

In either case, the lawyers need to present the same sort of "mitigation" evidence, said Barry Scheck, co-director of the New York-based Innocence Project, which uses DNA evidence to exonerate convicted people.

In a delicate balancing act, Tsarnaev's attorneys have taken care not to appear belligerent towards the bombing victims, declining to question any of them.

That could help protect their credibility in the jury's eyes, said Scheck, who said he has known Clarke for three decades: "You have to trust the messengers as much as you trust the message."

Source: Reuters, March 29, 2015

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.