Day 45 - April 8, 2015

Judge O'Toole and counsel discussed answers to jury questions about conspiracy and aiding and abetting. The government sought clarification of its allegation that the bombing conspiracies continued through April 19 and included Officer Collier's killing. The defense opposed highlighting particular acts and sought instructions addressing multiple conspiracies and death-resulting liability. The judge declined to identify particular conspiracy details or instruct that a conspiracy ends when its purpose is accomplished. Addressing the jury, the judge explained that conspiracy scope and duration depended on the evidence and required separate consideration of Counts 1, 6 and 11. He instructed jurors to answer every subsidiary question following a guilty finding, with unanimous agreement on each answer and proof beyond a reasonable doubt for a yes answer. He also clarified that aiding and abetting is one concept, restated its proof requirements, and directed deliberations to resume. The jury subsequently found Dzhokhar A. Tsarnaev guilty on all 30 counts. The clerk read affirmative special findings concerning four deaths, serious bodily injury to Officer Richard Donohue, and firearm and destructive-device matters. The foreperson and jury confirmed the verdict. Because the convictions included capital offenses, the judge announced a penalty phase; no penalty was selected. He continued jury restrictions, prohibited discussion of completed deliberations, and explained that alternates would rejoin the jury to hear penalty-phase evidence. The return date remained undetermined.