3.Closing Argument — Prosecution

MR. CHAKRAVARTY: Thank you, your Honor.

The defendant brought terrorism to backyards and to main streets. The defendant thought that his values were more important than the people around him. He wanted to awake the mujahidin, or the holy warriors, and so he chose Patriots' Day. He chose marathon Monday. He chose a family day of celebration. He chose a day when the eyes of the world would be on Boston, a sporting event celebrating human achievement. He chose a day where there would be civilians on the sidewalks. And he and his brother targeted those civilians, men, women and children, because he wanted to make a point. He wanted to terrorize this country. He wanted to punish America for what it was doing to his people.

So that's what he did. He and his brother killed two young women that day. They killed a little boy. They maimed and permanently disfigured dozens of people. At least 17 amputees. At least 240 were injured. And after they did it, he coolly, not 20 minutes later, went to the Whole Foods to make sure he got the half gallon of milk that he wanted. The next day he went back down to college, joked with his friends, got a workout in. He even went back to Twitter, and he decided to tweet so that everybody knew what he was feeling.

The defendant and his brother did this together. He planted one bomb, his brother planted the other. It was a coordinated attack to maximize the terror. Because that was the purpose. And after they did, they went back and they laid low. But three days later, when their faces were all over the news, they sprung back into action, and again in a coordinated style, they went back and they said they needed to build more bombs. They needed to continue with their campaign. But they needed a gun. So they went to MIT and there they saw Officer Sean Collier. They targeted him and they killed him. They tried to get his gun. They couldn't.

Now that their car was captured on camera, now that they couldn't get that extra gun, what did they decide to do? They needed a new car. So they drove over the bridge from Cambridge into Brighton, and there they found Dun Meng who was on the side of the road. Dun Meng in his Mercedes SUV. And Tamerlan approached from the passenger's side and brandishes the gun and carjacked the vehicle.

Dun Meng didn't even know that the defendant was following closely until they got to Watertown. And in Watertown they transferred some things into the car. The defendant gets into the car. What they didn't realize was that the police would track down that Mercedes so fast. And so where they had been planning to go to New York with all of their bombs, all their guns, they were instead encountered by the Watertown police. And when they did, they made their last stand.

And in their last stand -- you heard about it and you'll hear more about it today -- eventually Tamerlan had run out of bullets and he went and charged at the police. He was subdued. And then the defendant was all alone. And he had choices to make: He could surrender; he could keep driving -- get back into the car and keep driving; he could do what his brother did and charge at the police.

But he chose a different path altogether. He chose to get back into the Mercedes, turn it around, use it as a weapon and try to mow down the police officers who had apprehended his brother. He hit his brother. He dragged him. He almost hit Officer Colon. And then he made his escape.

A short while later, about half a mile down the road, he abandoned the Mercedes and he was on foot. He was alone. He was injured. He made his way down a hill looking for a place for refuge. You heard that there were some blood marks where he was trying to find some place to hide.

Eventually he found the winterized boat with a tarp on it in Dave Henneberry's backyard. When he saw that, he found a place for refuge. But before he climbed into that boat he took his phones, he went behind the shed right next door, and he had the presence of mind to smash his phones, including the phone that he had coordinated the attacks with his brother with. The phone that he had used to talk to his brother after the attacks, he smashed that phone. He ditched it behind the shed with his other phone and Dun Meng's bank card. And then without the help of a ladder even he pulls himself up into the boat that you all saw -- he pulls himself up into the boat and he lies down and he thinks about what he did and what he was going to do in that boat. And ultimately, he did what terrorists do after they commit terrorist acts: He wanted his actions to stand for more than what people might think, so he wanted to tell the world why he did what he did. He wanted to take credit. He wanted to justify his acts. And in that boat, when the helicopters were overhead, the sirens were blaring, there were police canvassing, looking for him, he was all alone, and in his voice he chose to write something to the American people.

"I'm jealous of my brother who has received the reward of jannatul Firdaus (inshallah --" remember, that's the highest levels of paradise. "-- God willing) before me. I do not mourn because his soul is very much alive. God has a plan for each person. Mine was to hide in his boat and shed some light on our actions. I ask Allah to make me a shahied --" martyr "-- inshallah, to allow me to return to him and be among all the righteous people in the highest levels of heaven.

"He who Allah guides, no one can misguide. Allah Akbar!

"I bear witness that there is no God but Allah and that Muhammad is his messenger. Our actions came with a message and that is La illaha illalah." That's the statement of faith you heard.

"The U.S. government is killing our innocent civilians, but most of you already know that. As a Muslim, I can't stand to see such evil go unpunished. We Muslims are one body. You hurt one, you hurt us all. Well, at least that's how Muhammad (peace be upon him) wanted it to be forever.

"The ummah," which we know is the Muslim nation, "is beginning to rise and awaken...has awoken the mujahideen," the holy warriors, "know you are fighting men who look into the barrel of your gun and see heaven. Now, how can you compete with that?

"We are promised victory and we will surely get it. Now, I don't like killing people innocent people. It is forbidden in Islam. But due to said, it is allowed. All credit goes to Allah."

You've all sat through the evidence in this case. You know it better than anyone. The evidence here speaks for itself, and so I'm going to simply present that evidence to you. Some of it. Because pictures speak louder than words, I'm going to direct you to some of the images on your screens. I have a screen here when I want to point something out to you. The evidence I'm going to show you will give you the confidence to conclude that the defendant did indeed commit each of the crimes that are charged in the indictment.

MR. CHAKRAVARTY: You remember this clip from the timeline video. It was about 2:37 in the afternoon when cameras first captured footage of the defendant and his brother turning onto Boylston Street the day of the marathon. They calmly strolled down the street, each transporting the deadly contents of a pressure cooker bomb concealed in a backpack.

You can tell by the defendant's expressions, by the casual way he walks, that he is entirely untroubled by what he is about to do. That's because the terrorist literature and the lectures and the songs that he had been consuming for over a year had convinced him that what he was going to do was just.

His brother takes position down by Marathon Sports and he waits to coordinate. He's checking his phone. The defendant, on the other hand, is still up by the Forum. After all their planning and preparation, they were looking for the right place to make the impact that they wanted to make. The defendant slung his bomb over his right shoulder, appearing very much like a college student. But that day they felt they were soldiers. They were the mujahidin and they were bringing their battle to Boston.

This is the defendant finally approaching his target. Compared to the crowd at Whiskey's, the crowd was much more dense here. There's a bar behind him, a restaurant. People are having fun. There's cheering, there's clapping. People are egging on the runners. There's a cow bell behind them. There are people coming and going. And in front of him, you can't help but see them, there's a row of children on the barricade.

He puts the bomb down as soon as he gets there right behind that tree. So he's on the grate. Between the tree and him there's no place for people to walk. Nobody was accidentally going to step on his bomb. And there he hovers over it, surveying the crowd, seeing the children again, seeing the Richard family. He's contemplating. He's waiting for his brother to get in position. He's thinking about what he's right about to do, about the plan that he and his brother have set in motion.

It's about this time, 2:48, that he checks his bomb for one last time, and then he gets ready to make his phone call to his brother to tell him that things are a go. He's making his call. Remember, ladies and gentlemen, this was a 19-second call. It coordinates with his phone records. We don't know exactly what he said, but we know what he told his brother. He told him he was in position. He told him it was go time.

He thought his cause was more important than the people around him so he picked this place because it would cause massive damage. Look at how thick the people are there. It would cause memorable damage. He picked this place. And he was waiting for his brother. He's waiting. He knows it's coming. And there it is. He waits for a moment, and then like a salmon upstream, he's on his way up, and right before he leaves the screen he turns his head. This is the defendant running away, pushing people out of the way. He's got places to go.

The fact that he exploded the bombs was devastating. His bomb we have the devastation on video. We didn't dwell on it during the trial but I'm going to play a short clip for you now. I'd just ask you to focus on where the Richards' family is, and I'd ask you to focus on what happens after the explosion.

MR. CHAKRAVARTY: That's Rebekah Gregory. Remember how she said she was hoisted into the air, thrown back? She immediately began searching for her son, despite the fact that bones were sticking out of her hands. Clearly you see her leg. She saw terror on everybody's faces. Finally she heard her son's cries. She was placed into a medically induced coma as a result of the blast. She's had 18 surgeries. Foreign objects are still in her body.

Remember Shane O'Hara? He was the manager at the Marathon Sports right there? He said all he could do was hear screaming and cries. He heard someone say, "Stay with me. Don't leave me." He and others rushed to find materials for tourniquets. He said he never thought he would have to choose who to help, whose life to try to save.

That's Rebekah Gregory right there. And that's Krystle Campbell screaming in pain. She lies dying on the sidewalk.

You'll recall Sydney Corcoran, the young lady who's now a sophomore in college. She was there with her family like so many others. She told you what it feels like to feel the lifeblood slipping out of your body. She said she started feeling cold, but peaceful, as the blood left her body.

Karen McWatters, who spent the afternoon with Krystle Campbell, described what a beautiful day it was. She posted a photo on Facebook that she and Krystle took in the public garden a short time earlier. When the bomb went off, Karen saw the smoke, the chaos, confusion. She asked herself whether she was dreaming, if this nightmare was a reality. That's Karen and Krystle.

Officer Frank Chiola was one of the first to respond to Krystle Campbell. He described her injuries in two words: Complete mutilation. When the explosion happened there was complete silence, he said, and then the screaming began.

And then there was Jeff Bauman. Bauman lost both of his legs. You could see him here with his body torn apart. And as he lay there with what remained of his legs in the air he thought very clearly, "We're under attack." And when he later woke up in the hospital, he remembered the man who placed the bomb that blew him up. It was the defendant's brother, Tamerlan Tsarnaev.

But nobody was able to remember the defendant at Scene B, at the Forum. That's because he blended in. To be successful, he had to lie in wait trying not to draw attention to himself. This image shows the moment after the defendant called his brother to say that they were a go a moment after this. He checked on his bomb and then he made his escape. He swiveled his head around right at the last second, once he was right outside of the blast radius. This is him turning his head just to make sure he has enough space, and then the bomb goes off.

Alan Hern, the teacher from California, recalled how he and his family had been lined up near Martin Richard and Jane Richard and the other children. He said the injuries that he saw were something out of a war zone. He recalled finding his 11-year-old son Aaron on the ground, eyebrows singed. His legs were black. His left thigh was mangled and bloody. "It really hurts, daddy. It really hurts," he said. Aaron was put on a breathing tube. And he had zipper-like wounds down his legs, BB marks on his abdomen. They found bone fragments of someone else inside his body.

This is the defendant hiding behind the tree looming over the row of children behind whom he placed his bomb. It was a heavy bag. The decision must have weighed on him. But these children weren't innocent to him; they were American. He knew what the bag contained and what it was designed to do. And of all the places that he could have placed this bomb, he placed it right here.

He stood behind it for four minutes. We cut some of that out when we played it a moment ago. Four minutes. He watched people come and go. You heard that these children never left. He decided to place it here. Bill Richard then told you what happened to his family. He told you about that morning. He told you about the fact that the marathon was a family tradition and everyone hurriedly left the house in excitement. The children had participated in the youth relay, and they were looking forward to the marathon and the ice cream. Jane was six years old when the defendant tore her leg from her body. His bomb injured her all the way up from her head, behind her ear, her back, her torso, down to her legs. Bill Richard saw her through the smoke, he smelled a vile smell. He just wanted to get it off his body. You can see her on that video we just saw trying to stand but not having a leg to stand upon. Bill grabbed her and his son Henry. And then do you remember what he told us? He saw his other son through the smoke. He saw Martin Richard. He knew he was dead. He could tell just by looking at him. The defendant had killed him. He could not bear to lose Jane as well, and so he grabbed Jane. And with the help of Matt Patterson, they went to try to stop Jane's bleeding. They saved her life. Patterson, you'll recall, described Jane's leg looking as though it had just been put through a meat grinder. The defendant blinded Denise Richard, Jane's mother, in one eye. Of course he took Martin.

Jessica Kensky was a nurse. You'll recall she was a newlywed who wheeled herself up onto that witness stand. She said the medical tent where she was taken looked like it was treating soldiers on a battlefield. They were war wounds. All she could feel was terror. Sheer terror. She heard animalistic screams. Bomb parts, pieces of steel and dirt had been blown into her body.

She explained that parts of her body had been blown off and she had unbearable burns. Her husband Patrick also lost a leg. Shrapnel had ripped through him, tearing apart his skin and causing infection.

Danling Zhou was Lingzi Lu's friend. They were also at Scene B. They were both international students who had come from China to come to Boston to study at graduate school. They chose to go to the marathon that day to experience something that was classic Boston but had the eyes of the world on it. They made a day of it, shopping, having lunch on Newbury Street, trying to get over to the Prudential Building to get Danling's phone fixed at the Apple store. And as they made their way up Boylston Street, the defendant's bomb went off.

This is Lingzi Lu with her hands over her face. This is Danling Zhou, whose abdomen was ripped apart. She's leaning against the railing. There's Bill Richard, Henry, Jane, Aaron, Roseanne Sdoia over here. And there are other victims.

Danling told you that her internal organs were spilling out of her body. She had to hold them in. She told you that the man she saw in front of her seemed like he was yelling in slow motion. He didn't have a leg anymore. She looked to her friend, Lingzi Lu, who was flailing her arms. Danling thought that she was going to make it, but she didn't. The defendant killed her too.

Dr. Bath said it looked like people had dropped like puzzle pieces in front of the Forum. He tried to help whoever he could but it was too late for Lindsay. Her leg had been flayed open. They tried CPR. You heard Officer Woods and others cleared her airway and she vomited, but by the time the paramedics arrived, it was too late.

Dr. Bath was surrounded by screams, parts of limbs, tissue, burned clothing. Eventually he was able to get a tourniquet on one victim. And that's how others saved others that day. First responders and others were able to get tourniquets on people and they were rushed to the hospital. EMS Director James Hooley told you that 30 people were given red tags.

Do you remember the red, green and yellow tags? The red tags meant that they had life-threatening injuries, that if they didn't get to the hospital in an hour, then they would die. Fortunately, except for Krystle Campbell, Lingzi Lu and Martin Richard, all of them did make it to the hospital. And even so, the defendant and his brother maimed 17 more and injured at least 240 others.

After they fled the scene they decided to lay low for a while. In fact, the defendant acted as if nothing had happened. He bought milk at the Whole Foods, calmly walking up and down the aisles, and he even came back a little later to replace this milk because he didn't get the one that he wanted.

You'll recall his demeanor, his strut walking up and down those aisles. He was just blending back in. He returned to UMass Dartmouth and decided to go to the gym, get a little workout in. This is him joking, laughing with his friend. About an hour later he finishes his workout, just hanging out with his friend. After the bombing he decided to tweet about it. Remember this one? "Ain't no love in the heart of the city. Stay safe, people." How about this one? "I'm a stress-free kind of guy." Why did he choose to post these things at this time after what he had done?

In the days after the bombing, along with these tweets, the computer evidence and the online social media materials show you that the defendant was publicly pretending to be just like everyone else while inside, in fact, back on his computer, he was accessing the same jihad materials that he had looked at before the bombings: Inspire magazine.

In fact, on April 16th, the day after the marathon bombings, he accessed this Inspire magazine. This is the one that talks about how to make the pressure cooker bombs and how to make pipe bombs. This picture down here is a clip from that portion that you saw that shows how to make the pipe bombs. He opened it up, and a few days later you all know that they had assembled five pipe bombs, another pressure cooker bomb and the Rubbermaid device.

Also on April 16th, the day after the bombing, the computer evidence shows that the defendant accessed the "Effects of Intention" document. Dr. Levitt talked about that document and he told you that the essence of that document was that if you're going to engage in jihad, you have to be sincere about it. You have to do it for God; you can't do it for some other reason. If you want to get the rewards, you have to be sincere.

That same day he also accessed the fall issue of Inspire magazine, the second issue. And in that one, among other tips about what to do in jihad, it included a declaration of Anwar al-Awlaki who Dr. Levitt told you about. And Dr. Levitt read this excerpt as he went through the writing on the boat. And this is what he said:

"According to these scholars, we the Muslims are not allowed to terrorize the Israelis or the Americans or the British who are living in safety and security while millions of Muslims are being terrorized by them. We are told to never mind the insecurity of the Palestinian or the Chechen or the Kashmiri. Never mind them. We are simply never allowed to terrorize, period. No. We do not agree with that. We say that whoever terrorizes us, we will terrorize them and we will do what we can to strip them of their safety and security as long as they do the same."

And that's precisely what the defendant wrote in the boat a few days later: "Stop killing our innocent people and we will stop."

These were deliberate choices. These were political choices. He thought his values were more important than everyone else. He was making a statement: An eye for an eye. You kill us, we kill you. That's what he read, that's what he said, and that's what he did.

Witnesses described the 12-block radius that was carved out of the Boylston Street crime scene, the lockdown. The FBI and other agencies gathered evidence. They gathered pieces of pressure cookers, cloth from backpacks, shrapnel from the bombs. They also gathered photographs, surveillance video. The photos in the videos revealed that the defendant and his brother had, in fact, exploded the bombs, although the FBI didn't know who the defendant was, who his brother was. So on Thursday, three days later, April 18th, the FBI released some of the images and asked for the public's help in identifying the bombers.

The photos and the videos were broadcast all over the world. They were accessed millions of times on the FBI's website. A few hours later the defendant picks up the phone. He speaks with his brother, and then he returned to Cambridge from UMass. Remember, he went back down to his dorm room with his friends in the intervening three days.

And you know that he came back because Chad Fitzgerald -- he was the FBI agent from Atlanta, who was the cell site location specialist -- he showed you that the defendant's cell phone pinged down in Dartmouth at first and then came back to Cambridge.

And when he came back, he had this text message exchange with one of his friends, Dias Kadyrbayev. And in it Dias asks him whether he saw the news. And he says, "Yeah, bro. I did." And Dias says, "For real?" The defendant says, "I saw the news. Better not text me my friend, LOL," or laugh out loud. "You saw yourself in there?" Dias asks. "If you want, you can go to my room and take what's there. Salaam alaikum." Now that their faces were all over the news, they decided to move on with the rest of their plan. He knew he wasn't going back. He gave Dias his computer and stuff in his dorm room, including the backpack with the fireworks in them. He and his brother loaded the pipe bombs and explosive powder and the pressure cooker bomb, the CD with the jihad songs on it. They took Tamerlan's computer, that external hard drive that you heard so much about, the remaining transmitter and some identifying documents. They needed these things for what they planned to do next. They were going to go to New York to continue setting off bombs.

Most importantly, they brought the gun that the defendant acquired from his friend Stephen Silva. But there were two of them and they needed two guns. And they only had a Ruger and that pellet gun, which you know looked real. It would probably work to stick somebody up. It couldn't kill like a real gun. So they decided to go over to the MIT campus. It's a short drive away from their house in Cambridge.

Chief DiFava told you about Sean Collier that morning -- that day -- excuse me -- that evening, how they chatted that evening and the chief told him to be safe. Officer Collier was working the night shift, and Sergeant Henninger had checked in with him earlier that evening. About 10:20 p.m. the 911 call came in. Some gunshots, some hitting of trash cans.

And you know through surveillance video that the brothers were driving their Honda Civic that night. They may have actually seen Officer Collier parked next to the Koch building as they drove by.

There's the Koch building. They decided to walk all the way around the Koch building and approach him from the rear. They had a plan, they knew exactly what they were going to do, and they just had to execute it.

MR. CHAKRAVARTY: The brake lights go off, then they go back on. The defendant and his brother run away.

This was a purposeful mission. They needed that gun. They had already agreed on how to assassinate him and they did.

We can't tell who shot Officer Collier. That's what we know. We know he was shot in the hand, possibly as he was reaching for the microphone, on the radio. We know he was shot twice in the head at close range. Remember Dr. Robinson explain that there was stippling in the head wounds? He was shot between the eyes. They assassinated him.

You also know that the brothers tried to get the gun from Officer Collier's gun belt but they couldn't. Remember when the officers arrived on the scene, they saw the gun belt. The gun itself had been smeared with blood. And they saw that the first stage of that three-part safety system had been undone. But they didn't know how to get the second and the third stage out, so they left without the gun. They had failed. They had risked being detected, they risked being caught just to get that gun because they needed it for what they were going to go do next. They wanted to go out and use the remainder of the bombs that they had built. They wanted to go out in a blaze of glory.

So we don't know who shot Officer Collier but we know that Officer Collier's blood was found on the defendant's car keys in the Honda Civic in the ignition with the UMass Dartmouth fog. We know that Officer Collier's blood was found on the gloves that were found in the floor well of the driver's seat of that same Honda Civic that the defendant was driving that night. We know that Officer Collier was shot with the Ruger that the defendant procured from his friend Stephen Silva. And we know that Nate Harriman, as he passes them in front of the Koch building that day, makes eye contact with the defendant. And you saw the defendant had been leaning in and he comes out and he makes eye contact and then he leaves.

Officer Collier didn't have a chance. You heard his injuries were incompatible with life. Just think about what Nate Harriman told you. He saw the defendant leaning in. So in those few seconds the defendant probably felt Officer Collier's last breaths. He probably heard the gasping or the gurgling that his fellow officers heard a little while later. That didn't deter him any more than seeing what happened on Boylston Street deter him, because he felt what he was doing was right. He felt he was standing up for others.

They knew their time was short. Frustrated by their failure to get the gun, the brothers knew they needed another car, and they went across the bridge and found Dun Meng. Remember how terrified Dung Meng was but how clear-headed he was, how clearly he thought through how was he going to get through this.

And when they got to Watertown, he'd noticed the defendant had been following him the whole way and that both of the brothers moved things from the Honda Civic into the Mercedes SUV. And then they went back into town to try to go get gas and money. Meng describes them talking to each other, like partners, in a foreign language. They were communicating. It was a team.

They went to the ATM in Watertown and the defendant demands Meng's PIN number. He saw the defendant coolly walk into the ATM, take out the money, money he still had in his wallet when he was arrested the next day. The defendant and his brother asked if the car can go out of state, go to New York. And Meng said that it could, in fact, go to New York. He had gone there a couple of times -- a few times.

But first, before they made that long drive to New York, they went back to Watertown where the Honda Civic was so they could get that CD, a CD containing those jihad nasheeds on it. Meng said it was a style of music that he had never heard before. And Dr. Levitt told you what it was. It was portable inspiration, a CD full of songs, chants.

Finally, they go back towards Boston. They need to go to a gas station, so they stop at a gas station that the defendant knew very well. He knew it because it was across the street from Stephen Silva's house. You'll recall that he and Stephen Silva would go there and get smokes occasionally.

He asked Meng how much gas the Mercedes could hold, and they were going to go pay in cash. And then the defendant goes into the store to get some snacks for the long drive to New York. Now, the snacks seem trivial but they show the defendant and his brother were on their way to New York for purposes of doing something. Not running away. That's Red Bull in his hand. Those are snacks in his hands. They needed their energy for the long drive and for what they were going to do when they got there. They had more bombs and they were going to use them. They were a team. You'll also notice that this hat, it was the same hat the defendant was wearing a little while earlier. They were a team. That's how they rolled.

But Tamerlan turned his attention to the GPS while they were waiting in the car, and that's when Meng acted. He got up -- and you saw the terror in his face, you'll see it in a second. And he ran across the street from one gas station to another. This is him pleading to call 911. And that was more significant than we might know because Meng's escape was more than just a setback for the defendant and his brother. Now the police would know the car -- the new car that they were driving. So they had to go back to Watertown, they had to ditch the Mercedes, they had to get back into the Civic and then head back off to New York.

And they must not have expected that the police would have reacted as quickly as they did. In Watertown, Officer Joseph Reynolds was the first on-scene. Remember, he passes first the Honda that the defendant was driving, who was in front -- he was leading -- and behind him was the Mercedes. And they were driving slowly around Dexter Ave. in Watertown. Officer Reynolds passes them, calls it in, and they say, "Wait for backup before you light him up," before you hit the flashing lights.

But he turns around, he doesn't light them up yet, he turns around, he starts to approach, and that's when Tamerlan greets him with gunfire around through the windshield. What did the defendant do then? He didn't keep going like he didn't know what was happening. He then stopped, he got out of his car, he got in front of the Mercedes with his brother, and he took his position. They had planned this.

It was the brothers' last stand. They go into the bag, they pull out bombs, they pull out backpacks, the ammunition, the extra magazines, they pull out their lighter, even the pellet gun. And the police saw two sets of muzzle flashes. While one was shooting, the other was lighting and throwing the bombs. Since we know that Tamerlan was shooting many of the rounds of the Ruger, we know that the defendant was the one lighting the fuses for at least two of the pipe bombs.

Sergeant MacLellan saw the defendant throw the second and the third bomb. Remember, he said he threw it like a hook shot as opposed to like a baseball like Tamerlan threw it. He said he threw the second bomb like a hook shot and then, remember, the pressure cooker bomb? He heaved it like this. And you all felt how heavy those are.

The officers probably saw the flashing of the lighter as that second muzzle flashed, but whatever the point, the defendant hurled that pressure cooker bomb, he hurled the pipe bombs. And they were in this together. Officer Reynolds screamed to Sergeant MacLellan to look out. And then Sergeant MacLellan described that explosion. He described how it shook him to his knees. How the explosion was horrendous. The plume of smoke went up about two stories. There was debris being scattered everywhere.

And you saw what happened to the pressure cooker bomb. It shot like a missile, embedded into that Honda where MacLellan had just been standing, where his cruiser had been crashed into that Honda. The lid of the pot had gone two stories up, into a house and into the neighbors' yard.

There were several pauses in the shooting, and now we know that they also had to reload. You'll recall the ballistics evidence, Lieutenant Cahill. The Ruger shot 56 rounds that they collected, the casings that they collected. And the three magazines that they had with them, the extended-capacity magazine and the other two magazines, between them could hold 38 rounds. That means they were refilling these magazines and reloading the gun. And it also explains why the defendant's fingerprints are on the ammunition box and also why there was a half-filled magazine in the Mercedes that they -- that the defendant used to escape. They were partners. Each one was doing their part. This shows the defendant either crouching or getting ready to throw one of the pipe bombs. James Floyd: Remember, he was one of the neighbors there? He was the one with the newborn. He had to take the newborn to the back of the house for safety. And he comes back and he looks out the window. And he said they were -- both of the brothers were ducking in and out. You could barely distinguish the two. But he did know that it was the defendant who pulled something out in a bookbag and he threw it. And he showed us.

Sergeant Pugliese, who had been flanking, came from this direction. He felt the debris falling on him. When he emerged from that house, behind that fence, he took aim and he shot at Tamerlan, first directly and then he tried to skip shot him underneath to try to get him at the ankles.

He got Tamerlan's attention, and Tamerlan turned to him and tried to shoot him, and he missed him every time. And after he ran out of bullets, he threw the gun and he charged up the street at the police officers. Tamerlan at that point was done. He wanted to commit suicide by cop. He was ready to get to heaven.

While the defendant -- while Tamerlan was ready, the defendant had other plans. He was still behind the Mercedes. And like I said, he didn't go with Tamerlan. He didn't go the other way. He didn't just give up. He got back into the car, he turned it around, and then James Floyd told you what he saw and what he heard. Despite the fact that there was no one in front of him and he could have escaped, Floyd said that he floored it. He turned around and he floored it. He really floored it -- the engine roaring -- and he made a beeline for where Tamerlan and Sergeant Pugliese and Sergeant MacLellan and Officer Reynolds were.

The defendant drove from the right side of the road straight for them. They got out of the way just in time, as you saw. The defendant hit the brother, he dragged him down the street. When he hit Officer Reynolds' cruiser, almost striking Officer Colon, Officer Colon saw him. Remember, he saw him driving like this. The defendant still had the presence of mind to avoid the gunfire as he was making his escape and as he was aiming for the police.

Now, at some point during that escape, the defendant got shot. We know because he was bleeding sometime later. And as the police finally subdued Tamerlan, they realized that Officer Donohue had also been shot. Remember Dr. Studley described that he had lost all of his blood by the time that she was treating him. Amazingly, she and others brought him back, and but for the defendant's actions, carjacking this vehicle, the defendant and his brother, that chain of events would not have happened and Officer Donohue would not have been shot. He would not have been seriously injured. That's why it's charged in the indictment, as a result of the carjacking caused serious bodily injury. And that's what happened here.

The defendant abandoned the Mercedes, leaving the Rubbermaid bomb and the other items in it as he fled. And since he made the decision to drive the police [sic], he knew now that he was all alone. His brother was gone. He was injured. He made his way down that hill.

The blood marks you heard, there were some on a bathroom door, on a shed, on a car, and then on the boat itself. David Henneberry's boat, the Slip Away II. The defendant could not have imagined that this was where he was going to write his prophetic statements to the world.

But before climbing in, he wanted to do that one last thing. Remember, he had two phones. He had that burner phone, we call it, which he had just activated that SIM card on that Sunday before. He put the SIM card in and he used that phone to talk to his brother about planning the bombing, executing it and then what happened after.

His other phone was the phone he used all the time. It was the phone he was using to talk to his friends. It was the phone that he was using to surf the Internet, to read documents. At his age, he lived on that phone. Even in the video you see him, you see him always fumbling with his phone. So he had the presence of mind at that stage to smash those phones beyond recognition. He knew those phones could track him, and he knew by smashing those phones neither the FBI, the state police, the Boston police or Watertown nor anybody was going to be able to extract the data that would be useful in the investigation. He takes Dun Meng's card and he throws it down there. That's Dun Meng's card, that's the phone, both phones pulverized.

He was in the boat for a while. And after pulling himself in, he pulled out a life preserver. You saw some of the pictures and you saw the boat. He tried to get comfortable. And he laid there probably thinking he wouldn't survive. He had been hurt. And in those moments of all of the things in the world to say, he chose to write that declaration we saw. He chose to justify what he did.

But even after writing those words, that well thought out, cohesive narrative, he still was angry. People were looking for him, he was hiding in this boat, and he was still angry. He was so angry he had to get something. And he had etched into boards on the slat. As if his note wasn't clear enough, he had to emphasize it. "Stop killing our people and we will stop."

He was negotiating the terms of death with America. This is what the defendant was thinking after all he had done that week. In the evening, David Henneberry noticed the blood on his boat. He investigated and saw the defendant lying in it. Minutes later, he was surrounded. At one point the police shot at the boat, not knowing whether the defendant was armed, whether he still had any bombs on him. They threw flash bangs then, hoping -- convincing him to give up, and eventually he was arrested.

The investigation of the defendant and his brother lasted two years. You saw that he first started accessing the Inspire magazine when they were in -- approximately Christmas of 2012. We know both the defendant and his brother were radicalized to believe that jihad was the solution to their problems.

We know that both of them participated in the bombing, the murder of Officer Collier, the carjacking, the robbery of Dun Meng, the standoff with the police in Watertown. The fingerprint evidence showed the defendant's prints in many places that you would expect them: On the driver's side of the Honda that he was driving, on the radio where he was listening to his nasheeds. His prints are on the gas tank of the Mercedes where he tried to fill it up with gas. They are also on the front passenger quarter where he, as you see in that picture, was holed up, taking cover in the shootout. They're also on the nasheed CD that was found in the radio of the Mercedes. His prints are on the ammo box that were found on Laurel Street. They're on the Rubbermaid bomb that was found in the back of the Mercedes. They're also on that pellet gun. Tamerlan also left prints where you would expect them.

But the defendant was more careful. Unlike Tamerlan, the defendant had led a double life. To the outside world he showed one face and inside he harbored another. He was careful, just like Inspire magazine had taught him to be.

Explosive technicians examined every piece of evidence found in Watertown and on Boylston Street and tried to re-create how the devices were made. You saw that. Who knew that making a bomb was so easy? Well, the terrorists. The publishers of Inspire magazine. That's who knew. And they were just hoping, they were wanting, they were asking for some young terrorist to come by and to use their instructions. And that's what the defendant and his brother did.

You heard how there was no explanation for how and where all the pounds of explosives that were necessary to build all these bombs, where they were purchased or where they were built. You heard that there was some trace explosives in the apartment in Cambridge, at 410 Norfolk Street, and there were intact fireworks down at the dorm room in Dartmouth. But given how much explosives were necessary, much more was expected.

Many of the materials that were consistent with those that were used to construct the devices were found at the Norfolk Street apartment where Tamerlan and his family lived and the defendant would visit from time to time, where he had grown up. Some of those materials were found conspicuously in the defendant's bedroom there, where he had spent the weekend before the bombing. There was the construction paper -- the red construction paper, the caulk gun, the gun-cleaning equipment. You also know that from the swipe card data from UMass Dartmouth that he hadn't been down at UMass for days before the bombing.

It's clear that both the defendant and his brother were partners. They both handled the bombs. The evidence shows that the defendant and his brother transported, placed and exploded the bombs on Boylston Street and in Watertown. In addition to the eyewitness testimony, people like James Floyd and Sergeant MacLellan, we know that the defendant committed these crimes, threw the pipe bombs, the big pressure-cooker bomb in Watertown.

The brothers prepared for their attack. They also coordinated with each other, as partners do. The investigation revealed that the pressure cookers were probably bought at Macy's; for the January 31st, purchased from the Square One Mall in Saugus. It was probably Tamerlan although there is no video and it was a cash purchase. But who was he texting just before making that purchase? Who was he talking to earlier that day? The defendant.

Tamerlan bought the backpacks on that Sunday afternoon, the day before the bombing. That same afternoon the defendant went somewhere else to buy that SIM card for his phone. It may have been Tamerlan who bought BB's up in New Hampshire, but there was a box of BB's in the defendant's dorm room down at Dartmouth.

Tamerlan bought the remote control car parts on the Internet, first from Flysky, and then at the other -- RC Hobby Car shop for the Spectrum set. And that was a week before the bombings. By that time, a week before the bombings, the defendant and his brother were fully engaged in their conspiracy to plant these bombs. They knew what they were going to do. In fact, the same day as that transmitter purchase, the defendant tweeted this: "If you have the knowledge and the inspiration, all that's left is to take action."

They each had their roles. Around the same time that Tamerlan was ordering that first transmitter, the defendant was ordering up a gun from his friend Stephen Silva. Stephen Silva had just come in to a gun, and he said he could let the defendant borrow it for what the defendant said, so he could rob a couple of University of Rhode Island students.

Remember Silva's testimony? Silva had known him since he was a kid. Silva couldn't imagine that the defendant was capable of doing something like this, but he didn't know the jihadi side of the defendant. He took the defendant at his word when in January or February he asked for the gun for the robbery. The defendant also had asked him for the food for the dog, which was a reference to the ammunition for the gun.

And obtaining this gun was the key that the defendant and his brother needed for what happened after the bombings. Without this gun, they wouldn't have been able to kill Sean Collier. Without this gun, they wouldn't have been able to hold up Dun Meng. Without this gun, they wouldn't have been able to shoot at police officers in Watertown. The defendant had done his job well.

Silva didn't know that in March, spring break, the defendant and his brother went back up to New Hampshire to go to the gun range up there. There they practiced shooting 9 millimeters. The defendant paid, and for an hour the two of them spent about $170 just shooting. It's easy to wonder what they were imagining were targets as they were shooting.

But in this case, ladies and gentlemen, we don't have to wonder. We know that they were imagining police officers because that's what they used -- that's what they used the gun to actually shoot at.

We've seen other evidence of the defendant's double life. There were sides of himself that he did not show to his friends. Around them, Stephen Silva told you, he was well liked, he would smoke pot, he was cool, he was laid back, but there were signs of another side to him.

Silva mentioned one time the defendant called him an infidel or a kafir, another where the defendant got pissed off when Silva called him a Russian refugee. Silva rarely visited him at his house. The defendant spent most of his other life, the other side, the jihadi side, in the privacy of his bedroom, sometimes with his brother, sometimes with his headphones on. There he descended into violent Islamist extremism. The computer evidence showed you that since 2011, well before the missing thumb drive that you heard about, he had been accessing these jihad nasheeds and other inspirational media on his laptop. The defendant got the stuff, he read the stuff, he believed the stuff, and he acted on it. That's what the computer evidence shows. He assembled a library. Some of it Tamerlan gave him; some of it he gathered himself. The defendant would put his headphones on and lose himself in the chants, the lectures, the music of jihad. He escaped when he put that music on. And that's why he put it on all of his phones, his iPods, his computer, all without his brother.

In fact, even after his brother left for Russia, the defendant was accessing jihadi materials on his computer. He was accessing Anwar al-Awlaki. That's why he went back to Watertown to grab that CD of jihad -- nasheeds CD -- nasheeds on that CD before they headed to New York. They were doing this together, just like other terrorists. They had decided that justice for them meant they were becoming holy warriors.

The defendant's radicalization started years before, perhaps even in high school. But you saw that no matter when it started, by the time it was Patriots' Day of 2012, the year before the marathon bombings, the defendant had completely internalized Anwar Awlaki's message. He posted this quote: "They will spend their money, and they will regret it, and they will be defeated." Now, none of his friends would know what this means unless they, too, had listened to Anwar Awlaki. That day, he went to the marathon with his friend.

Later, he accessed some of the jihadi materials on his computer. And on Christmas break of 2012, the Christmas before the bombings, he accessed the Inspire magazine with the bomb-making instructions on the desktop computer in his bedroom at 410 Norfolk. The computer evidence shows that this complete file, which is the file of that first Inspire magazine, was accessed on December 23rd, again on December 26th, and we know he was accessing his own email on that computer.

Of course we also know that he and his brother were planning something then because he said so. This -- sorry. The cell site location also showed that he was at the dorm room -- excuse me, at the 410 Norfolk Street around Christmas of 2012. This is Chad Fitzgerald.

He even said that he was doing something with Tamerlan -- this is Christmas Day back in 2012 -- doing something with Tamerlan. "I'll hit you up in a bit, bro." Later, talking to that same friend, he explains that he wants to bring justice for his people. This is his mind-set at that time.

Later, talking with the same friend in January, he says, "There's one other option, bro. Get the highest level of Jannah." His friend asks whether it's jihad. He says that he's really down with the jihad way of life, and the defendant said, "Don't be hot over the phone. LOL. Be for that, man."

Then finally he says here, January 28th, "I got a plan. I'll tell you later about it."

He was conscious of the fact that law enforcement may have actually picked up on his conversation. He was careful. That's what you do when you live a double life. What they were doing together was starting their plan to bomb the Boston Marathon. What they were doing together was planning to get a gun. What they were doing together was getting ready for what unfolded.

During that time, the defendant starts accessing more websites related to this extremist material, and he creates another alter ego online. He creates this -- another Twitter account called Ghuraba. You heard that means stranger. In fact, he says it right here. "Ghuraba means stranger. Out here in the West, we should stand out among the non-believers."

He talks about the infidels and getting victory over them. He talks about the weapons of the believers. And he talks about Anwar al-Awlaki, and he encourages people, his followers, to listen to Awlaki's Hereafter series. It worked on him. He said he strives to reach Jannah, or paradise. We saw from the defendant's computer witness that around March of 2013 it was the defendant who was accessing Awlaki files on that portable hard drive that was found in Watertown. He wished the Silva twins a happy birthday at the beginning of April, he picked up some pot and then he retreated to the place where he found comfort, with his headphones on, with his brother, in his bedroom at 410 Norfolk, his black flag on the wall. He had found the solution for his failures. He had opportunities to make different choices along the way. These are the choices that he made, and that's why we're here.

Now, you won't be surprised to know, as the judge already explained to you, that blowing up bombs at the Boston Marathon and the other places is a violation of several federal laws. And the more bombs, the more charges. And while the verdict slip may be long and sometimes confusing, you should not be intimidated. Each of the elements are straightforward, and the crimes are, in the end, pretty simple.

Although the defendant's charged with 30 counts, 30 different crimes, many of them overlap. You heard from the instructions how some of them overlap, and they interrelate to each other. There are really only six sets of charges. They involve different crime scenes and different acts.

Many of the charges are interrelated, so that, for example, using a bomb with a firearm together might be a separate charge than just using the bomb or just using the firearm. And using either of those, the bomb, which is technically called a firearm, in the course of one of the conspiracy charges, the conspiracy to use a weapon of mass destruction, conspiracy to bomb a place of public use, and the other conspiracy charge, that each of those is -- also constitutes a crime.

Some of the charges involve a conspiracy, and the judge explained that to you, and it's basically when two or more people agree to do something that the law forbids. That itself is a crime. You don't actually have to go through with it. If you plan to do it, then just that agreement becomes the crime.

In this case, there are three sets of crimes -- conspiracy crimes. And they relate to the entire chain of events, from the beginning to the end, because this was a terrorist conspiracy; they were trying to inflict terror. The agreement was between the defendant and his brother to engage in this terrorist bombing campaign.

And this chart helps you explain -- helps kind of graphically represent how you might want to think about this. I'd suggest to you the best way -- the best tool that you're going to have as you deliberate is the verdict slip itself. It lays things out in a step-wise manner. You can answer one question, then move to the next. And it tracks the language in the indictment. And you can use that as a guide.

But just so you have a graphic representation on how to compartmentalize from 30 charges down to about six, put them in this mode. The last conspiracy was maliciously destroying property.

The first set of counts involves the marathon bombing. Judge O'Toole told you that the conspiracy is one way to find liability, and the other way is to find through something called aiding and abetting. When two people who do a crime together, where each has a different goal but they both intend to do the same crime and act in accordance with that plan, that they're equally guilty in the eyes of the law. And that's why the defendant is guilty for the crimes in front of Marathon Sports just as much as he is for those in front of the Forum.

Each of the two bombs at the marathon killed and caused grave risk of harm. Each were weapons of mass destruction and technically constituted what are called firearms.

There's one other element that may not be self-evident, and the judge touched on it, and that's that the place of public use must affect interstate commerce. Clearly the stores, Marathon Sports and Forum, affects interstate commerce. The marathon itself interstate -- affects interstate commerce. And "interstate commerce" basically means that they're in the stream of commerce. And that, as you can imagine, is an element because this is federal court. For some of the other crimes, the interstate commerce element will also come in. That's why -- one of the reasons you heard that there was a stipulation that the Mercedes, Dun Meng's Mercedes, that that too had traveled in interstate commerce, because as part of the carjacking you have to find that that had traveled in interstate commerce.

You also heard that the Ruger, the gun, was manufactured out of state, so that too traveled in interstate commerce, again because of one of these elements. And then finally, the ATM card, going in and taking money out of Dun Meng's ATM bank account, which was connected to all the other banks in the country and around the world, that too affected interstate commerce. That's why that information was presented to you.

So the first set of charges, the overall conspiracy; then scene A, these are the substantive counts; then scene B, these are the substantive counts at the Forum.

Then there are the charges of the murder of Sean Collier, Counts 16 through 18. Those involve using the firearm in order to commit the crime of violence. They're based on the fact that in the course of the conspiracy they used that gun so that they could continue their campaign of terror. And since we've said from the beginning it doesn't matter who pulled the trigger, both the defendant and his brother are equally guilty of committing this crime.

Third, you have the use of the -- to skip over the robbery for a second, you have the use of the gun and the bombs in Watertown. These are the charges related to how this defendant and his brother tried to kill the police officers in Watertown. It's hard to imagine how Officer Donohue actually survived and how more officers weren't injured, but for each pipe bomb that had exploded, the pressure cooker bomb and the use of the Ruger -- each of those provides a basis for another criminal charge.

And you'll see that these crimes, as you'll see in the verdict slip, they're couplets. So when you use one of these device -- a firearm in the course of commanding another crime of violence, then that itself is a crime, and that's why you'll see two pairs of charges for each of those for Watertown.

And then finally, the robbery of Dun Meng. He was charged with carjacking Dun Meng's car, and the fact that Officer Dick Donohue was seriously injured as a result of that carjacking.

Many of the charges involve the use of a firearm, one of the bombs and the Ruger, in conjunction with the other charges that I mentioned. Because of this, you'll have to go through and assess whether each of the bombs that exploded was used and whether the Ruger was carried, brandished -- which the judge explained means shown -- or discharged, because the evidence in this case is that all of those things happened. Even though these charges capture similar conduct, they involve different elements, and for that reason, the defendant is guilty of those crimes as well.

The defendant and his brother teamed up to terrorize a region in 2013. They bought bags full of bombs, planned to kill even more, and by the end, they had murdered four people, they had maimed 17, and they wounded hundreds, more than 240 others. Martin William Richard, Krystle Marie Campbell, Lingzi Lu, and Officer Sean Collier are no longer with us. This is the result of the defendant's choice to be a terrorist hero, to make a statement. These were choices that he was proud of, and it devastated the lives of those who survived.

This is how the defendant saw his crimes.

MR. CHAKRAVARTY: Officer Collier was shot five times, at least three shots in the head, two from close range. One shot was between the eyes. He died of his gunshot wounds.

Krystle Campbell received massive blast injuries to her lower extremities. Parts of her body were shredded from the bomb. She lived for up to a minute while the blood seeped out of her body onto the pavement. She told her friends that her legs hurt, and she died from loss of blood.

Lingzi Lu received mass injuries all over her body. She didn't even plan to be there on that day. Her leg was torn open, transecting her blood vessels. She bled out as emergency responders performed CPR on her.

And Martin Richard. His entire body was shattered. It was broken, eviscerated, burned. There wasn't a part of this boy's body that wasn't destroyed.

You'll probably never forget Bill Richard. At one point he said, as only he could, "I guess we were just unlucky that day." But there was nothing about this day that was a twist of fate. This was a cold, calculated, terrorist act. This was intentional. It was blood thirsty. It was to make a point. It was, "Tell America that we will not be terrorized by you anymore. We will terrorize you. We will punish you."

The Richard family happens to pass -- their path happened to cross the defendant's that day, and the defendant made them pay. He was there to punish.

Each of the 30 criminal charges capture the criminal conduct that the defendant and his brother did. The defendant ran away from Boylston Street. He ran away from Officer Collier's killing at MIT. He fled the scene in Watertown, and he hid in that boat, and he penned his last justification, taking credit and being proud of what he had done.

Now, ladies and gentlemen, finally, it's the time to hold him accountable, to find him responsible for each of the charges in the indictment. We ask you to do that now.