Miriam Conrad

Miriam Conrad represented Dzhokhar Tsarnaev for the defense, challenging interpretations of prosecution evidence and presenting penalty-phase mitigation. During jury selection, she disputed questioning that sought commitments rather than explored existing guilt opinions or sentencing views. Her objection prompted the court to require a general, rather than defendant-specific, death-penalty question. The court nevertheless upheld its approach to jurors with preconceived guilt opinions and recognized a continuing defense objection concerning proposed life-qualifying questions.

Conrad's examinations distinguished underlying records from investigators' presentations and inferences. Thomas Grilk acknowledged that he had neither prepared nor measured the Marathon diagrams. Anthony Imel conceded uncertain image sequencing and differences between a route animation and footage. Chad Fitzgerald distinguished network-recorded call durations from actual conversations, and T-Mobile records were admitted during her cross-examination. Michelle Gamble acknowledged omissions from a location chalk and limits on interpreting call lengths, while rejecting Conrad's suggestion that Tsarnaev was not visible immediately before the second blast. With Steven Kimball, Conrad challenged the context of approximately 45 selected tweets from an account containing 1,080. The court admitted the complete account for context, not truth; Kimball acknowledged limited involvement in selection and gaps in his knowledge of references within the posts.

Her search-evidence questioning addressed visibility, recovery conditions and investigators' firsthand knowledge. Kimberly Franks confirmed that dorm-room fireworks were not hidden and that no actual firearms, ammunition or gun-cleaning kit were found. Christopher Derks qualified his knowledge of the Norfolk Street search. The court admitted notebooks for their existence rather than the truth of their contents, but excluded the Sovereign publication Conrad offered as context for Tamerlan's radicalization without a more direct connection to the defendant. Kenneth Benton acknowledged landfill compaction, rain and machinery use, but had not seen the backpack's contents before disposal. Conrad also recalled Gamble to introduce wiring-book evidence; Gamble's memory and the foundation for search records limited further testimony.

Conrad challenged Stephen Silva's gun-loan account through prior statements, admitted lies about a robbery and sentencing incentives. Silva acknowledged the prosecutor's discretion over a substantial-assistance motion, but denied lying to obtain his agreement. The court restricted questions about Tamerlan's influence and whether Silva had violated that agreement. Conrad also challenged graphic autopsy photographs, with decision initially reserved. On a separate video-audio objection, the court required Part B to be played silently while allowing other audio. At the guilt-phase instruction stage, she objected to omitted conspiracy intent and knowledge language. The court later declined her requested instruction that a conspiracy ends when its purpose is accomplished.

During the penalty phase, Conrad developed mitigation through childhood, school, friendship and household observations. Teachers described effort, academic strengths, kindness and responsiveness to guidance; other witnesses addressed voluntary Best Buddies participation, supportive friendships and a lack of peer-group leadership. Her examination of Brendan Kells distinguished assigned Model United Nations positions from personal opinions. Separately, she elicited limited school and neighborhood observations of Tamerlan's withdrawal and Amanda Ransom's account of his aggression toward Katherine Russell. Ransom had never met Dzhokhar, and the court restricted brother-related questions to friends. Conrad argued that objections to unavailable witnesses' FBI interview reports concerned weight rather than admissibility. Sonya Petri subsequently read accounts concerning Tamerlan's views and activities, alongside reports and translations, with court cautions about interview-summary reliability.

Conrad addressed the courthouse-cell gesture by introducing three surveillance clips surrounding the prosecution's still photograph. Gary Oliveira could not explain the gestures and acknowledged delayed, supervisor-directed reporting; the court left interpretation to the jury and restricted counsel's descriptions. She later elicited Kevin Roche's account of custodial demeanor and an apology, with a judicial warning that denying defiance could invite rebuttal. After the court excluded a written remorse statement and email, Conrad presented Sister Helen Prejean's belief that Tsarnaev was genuinely sorry, subject to limits on its basis and on defendant statements. Redirect addressed Prejean's advocacy and confirmed that she received no defense payments. Conrad also sought Waltham investigative materials to develop evidence concerning Tamerlan; the court denied the motion, citing its prior denial and law-enforcement privilege. During penalty closing, she requested a curative instruction about the death-penalty age threshold, but the court declined corrective action.