Martin Richard's death at age eight was addressed through eyewitness testimony, photographs, and video evidence. During the penalty phase, his suffering, vulnerability, and family's loss became subjects of expert-testimony disputes and evidentiary rulings.
Martin Richard
Son of William and Denise Richard, killed in the Boston Marathon bombing on April 15, 2013.
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Martin Richard appeared in the trial evidence as the eight-year-old child killed in the second Marathon bombing near the Forum restaurant. His father, William Richard, testified about seeing his injuries and learning of his death. Alan Hern described two people trying to revive Martin on the sidewalk, and FBI photographer Michelle Gamble identified the location of his body and Richard family members in photographic evidence.
During the penalty phase, evidence concerning Martin addressed his suffering, age-related vulnerability, and the impact of his death on his family. The prosecution defended Dr. David King's testimony on these issues, and the court denied a defense mistrial request challenging that testimony. Over defense objections, the court allowed two limited post-blast video clips, saying jurors could potentially infer consciousness, and permitted three family photographs. The defense also sought to strike the victim-impact aggravating factor, arguing that photographs and guilt-phase evidence did not establish it. The court rejected that request, finding that the evidence could support a conclusion about the impact on Martin's family. It nevertheless barred displaying his physical clothing during closing argument because its emotional impact outweighed its added rational value, while allowing counsel to describe it.
Trial Record (45)
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