Day 27 - March 4, 2015

The Court addressed evidentiary and jury issues before opening statements. It denied three motions, including the fourth motion to change venue, allowed sealing, and said reasons for the denials would follow. At sidebar, it directed the government not to use a DNA proffer for the time being because it was insufficiently probative under Rules 402 and 403, without reaching the DNA or late-filing issues. The Court permitted limited, documented exceptions to use of the regular witness box over defense objections and overruled renewed objections to the seated jury while preserving the defense's rights. The Court generally excluded mitigation evidence from the guilt phase, including comparative culpability and personal and family history, but allowed evidence of the brothers' interactions when relevant to guilt. After the jury was sworn, Judge O'Toole explained direct liability, aiding and abetting, and conspiracy. He emphasized the presumption of innocence, the government's burden of proof, and the distinction between evidence and lawyers' statements. William D. Weinreb alleged that Jahar Tsarnaev and his brother jointly planned and carried out the Marathon bombings and subsequent crimes. He previewed surveillance, witnesses, digital and forensic evidence, and argued that joint responsibility did not depend on identifying which brother fired at Officer Collier. Judy Clarke acknowledged Jahar's involvement and responsibility while arguing that Tamerlan planned, supplied, and led the attacks. She expressly disclaimed forced participation and asked jurors to consider the brothers' differing roles and the boat writings in full. The Court limited discussion of influence and family history and reminded jurors that openings were not evidence. Thomas Grilk described Marathon logistics, finish-area crowds, video timing, and the emergency response. On cross-examination, he acknowledged that he had neither prepared nor measured the diagrams and could not verify every depicted business. Marathon Sports manager Shane O'Hara described aiding injured people and store damage; during surveillance playback, he acknowledged that he had not necessarily remembered applying a tourniquet. After lunch, the Court suppressed Part B audio from a video while allowing Part C audio, clarifying that the restriction concerned sound rather than the exhibit itself. Colton Kilgore described the blast, his recordings, and aid to injured relatives. Rebekah Gregory recounted her injuries, her son's injuries, and 17 left-leg surgeries before amputation. Sydney Corcoran described emergency treatment for a severed femoral artery and reuniting with her mother, who had lost both legs. Karen McWatters recalled holding Krystle Campbell's hand until it went limp and described her own below-knee amputation and rehabilitation. Photographs and videos accompanied the testimony. The defense declined questioning of these five witnesses.