Counsel disputed guilt-phase mitigation, physical and forensic evidence, and foreign witness requests. The judge denied exclusion of proposed polymer and tape comparisons but reserved or deferred several other issues. Jury-selection procedures were set, with two jury challenges still requiring resolution before the jury was sworn.
Full day summary
Counsel argued evidence motions and addressed preparations for jury selection. The government sought to exclude sentencing mitigation from the guilt phase. David Bruck argued that the defense needed to explain the brothers’ relationship and answer prosecution motive evidence, while disclaiming an intent to present its full mitigation case. No ruling was recorded on that request.
The judge reserved the dispute over preserving the boat intact, removing panels bearing writings, and allowing a jury view, saying he might inspect the boat himself. He deferred the defense’s challenge to the April 18 press-conference video while counsel discussed an edited version. The defense withdrew its motion concerning victim witness impact statements without prejudice. The judge also reserved decision on autopsy photographs after the defense questioned their necessity and proposed cropping, and the government argued that they would establish injuries and deaths.
The defense challenged interior glove DNA evidence on disclosure, statistical, and prejudice grounds. Timothy Watkins said the defense would not contest Officer Collier’s blood identification or Jahar Tsarnaev’s presence at the shooting. The government defended its TrueAllele analysis; no ruling was recorded. In a separate dispute, the judge denied exclusion of proposed polymer and tape comparisons. He distinguished shared class characteristics from source-specific identification and treated the proposed testimony as a relevance issue rather than a Daubert issue. The defense renewed its scientific-reliability objection.
The defense sought a foreign deposition of Magomed Kartashov to support its theory concerning Tamerlan Tsarnaev’s radicalization and influence on his brother. The government opposed the request and reported that Russian cooperation required a Mutual Legal Assistance Treaty request; no ruling was recorded. The judge separately reserved decision on foreign witness disclosure, protection, and immigration assistance.
The judge chose panel-wide peremptory strikes, two at a time, and required resolution of two pending jury challenges before the jury was sworn. The defense announced a fourth venue motion to preserve its objection, without a ruling on that announced motion. Counsel also disputed anticipated resuscitation testimony from Officer Lauren Woods and presentation exhibits. No admissibility ruling on her anticipated testimony was recorded.