Tsarnaev, a 21-year-old ethnic Chechen, was found guilty on April
8 of killing three people and injuring 264 at the marathon finish
line and fatally shooting a police officer as he and his older
brother, Tamerlan, prepared to flee three days later.
Citing al Qaeda materials found on his laptop and a note in which he
suggested the April 15, 2013 bombing was an act of retribution for
U.S. military campaigns in Muslim-dominated countries, federal
prosecutors sought to paint Tsarnaev as a violent extremist.
But defense attorneys countered that 26-year-old Tamerlan, who died
following a gunfight with police hours after the officer's slaying,
was the driving force behind the attacks, with Dzhokhar acting in a
secondary role out of a sense of sibling loyalty.
U.S. District Judge George O'Toole blocked the defense from
introducing much evidence about Tamerlan in the trial's first phase,
but legal experts said Tsarnaev's attorneys will likely have much
freer rein in the sentencing phase.
It begins with opening statements from prosecutors and defense
attorneys, who will then call witnesses over about four weeks. When
the witness testimony ends, the same jury that convicted Tsarnaev
will decide on the death sentence or life in prison without the
possibility of parole.
The judge ordered jurors to stay away from events marking the second
anniversary of the attack and Monday's 119th running of the Boston
Marathon.
The idea of putting Tsarnaev to death is controversial in Boston.
Massachusetts state law does not allow for capital punishment, which
is an option in this case because Tsarnaev was tried in federal
court.
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Most Boston-area residents oppose putting Tsarnaev to death than
support it, according to opinion polls. Over the past week, several
people whose family members were killed, or survivors who lost limbs
in the attack, have spoken out against the death penalty for
Tsarnaev.
They argued that a deal in which Tsarnaev was sentenced to life in
prison without possibility of parole in exchange for giving up his
appeal rights would spare victims, their families and the city of
Boston from sitting through several more weeks of emotionally
draining testimony and possibly years of appeals.
(Reporting by Scott Malone; Editing by Grant McCool)
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