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Dzhokhar Tsarnaev— Case Archive
evidenceevidencevideo2015 Federal TrialVideo taken by Kilgore, with previously muted soundKilgore's video, Exhibit 11B, had previously been shown with its sound muted. During procedural discussion on Day 49, the prosecution sought to restore the audio for the penalty phase over Clarke's objection. The court said the sound was probably admissible under the different penalty-phase balance because it conveyed the event's horror.
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Video Evidence

Video taken by Kilgore, with previously muted sound

Kilgore's video, Exhibit 11B, had previously been shown with its sound muted. During procedural discussion on Day 49, the prosecution sought to restore the audio for the penalty phase over Clarke's objection. The court said the sound was probably admissible under the different penalty-phase balance because it conveyed the event's horror.

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The prosecution sought to use the sound to convey the offense's circumstances, panic, danger, and victims' pain; Clarke disputed its relevance to aggravating factors and argued that it was unduly prejudicial.

Trial Record (1)

2015 Federal Trial

Day 49