Day 10 - January 26, 2015

Judge O'Toole instructed prospective jurors that capital sentencing would occur only if they convicted Dzhokhar Tsarnaev of a capital crime. Aggravating factors required unanimous findings beyond a reasonable doubt, while individual jurors could find mitigation by the greater weight of the evidence. A death sentence required unanimity, was never mandatory, and would bind the judge if selected. Individual questioning addressed hardship, media exposure, personal connections to the Marathon, and willingness to consider death or life imprisonment without release. Several prospective jurors expressed difficulty setting aside prior opinions or emotional reactions. Juror 190 could not guarantee setting aside her guilt opinion and was unsure whether she could acquit if proof fell short. Juror 198 said he did not think he could honestly afford the presumption of innocence. Others expressed sentencing preferences while remaining willing to consider either option. Juror 172 questioned categorical assurances about how someone would respond in an unfamiliar situation. The court limited several defense questions, including a legislative hypothetical, questions seeking punishment commitments, and a no-defense-evidence hypothetical it considered too technical and misleading. It also permitted questions to Juror 195 about family opinions and possible criticism of a life sentence over prosecution objections. In reviewing challenges and agreements, the court excluded Juror 186 because her relationship to the race and events was too close. It excused Juror 191 after discussion of his ability to understand questions, a concern counsel distinguished from English-language ability. The court accepted the parties' agreement concerning Juror 199 after defense counsel identified substantial bombing connections that had not been explored. Jurors 172, 173, 183, 185, and 195 passed qualification. Defense counsel objected that courthouse security changes and visible Coast Guard gunboats could prejudice prospective jurors. The court acknowledged concern but said it could not alter the security measures; the situation remained unchanged.