Judge George A. O'Toole Jr. directed the trial's jury selection, evidence rulings, and instructions, distinguishing guilt evidence from capital-sentencing evidence and requiring individualized, unanimous agreement for death. After the jury selected death on six capital counts, he imposed death sentences on those counts and additional prison terms.
JudgeCourt
George A. O'Toole Jr.
United States district judge presiding over the Boston Marathon bombing prosecution.
Appeared2015 Federal Trial
15,885 lines·659 proceedings
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Judge George A. O'Toole Jr. directed jury selection, evidentiary rulings, and jury instructions through the guilt and penalty phases. He screened prospective jurors for hardship, publicity-related opinions, and impartiality, while restricting outside discussions, research, and media exposure. He explained that capital sentencing would follow only a capital conviction, distinguished the proof standards for aggravation and mitigation, and emphasized that death was never mandatory. He limited expanded publicity and case-specific death-qualification questions and denied the defense's fourth venue request.
During the guilt phase, O'Toole generally excluded mitigation evidence while leaving relevant evidence of the brothers' interactions subject to admissibility review. He cautioned against punishment-focused testimony and required fewer similar Boylston Street photographs. He maintained a limitation on glove DNA concerning either brother without evidence linking its deposit to the relevant events. Over the government's objection, he granted a jury view of the boat, then instructed jurors that the inspection involved observations rather than testimony.
O'Toole charged the jury on offense elements, criminal-liability theories, reasonable doubt, and unanimity. His evidence-evaluation instructions included a caution about Stephen Silva's cooperation agreement, and he instructed jurors not to draw an adverse inference from Tsarnaev's decision not to testify. During deliberations, he clarified conspiracy scope and aiding-and-abetting liability. After the jury returned guilty verdicts, he announced the penalty phase and continued the jurors' restrictions on outside discussion and information.
In the penalty phase, O'Toole excluded the Waltham events and allowed general adolescent brain-development testimony while barring individualized testimony. He cautioned jurors about the reliability limits of FBI interview reports used in place of live witnesses. He permitted Sister Helen Prejean's lay opinion on remorse, but restricted its basis, defendant statements, and predictions of future change.
O'Toole's final sentencing instructions addressed capital eligibility, aggravating and mitigating factors, and individual sentencing discretion. He required unanimity for death, protected each juror's judgment, and clarified that gateway findings had to rest on Tsarnaev's personal actions and intent. After the jury unanimously selected death on six capital counts, he imposed death sentences on those counts, additional prison terms, and restitution, forfeiture, and assessment orders.
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