3.Guilty Verdict and Jury Confirmation
17 linesCOURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 2:05 p.m.)
COURT CLERK: Will the deliberating jurors remain standing, will the defense remain standing. Everyone else be seated.
Madam foreperson, has the jury agreed upon a verdict?
JUROR: We have.
COURT CLERK: May I have the sheet, please.
(The verdict form is handed to the clerk.)
COURT CLERK: Thank you.
JUROR: You're welcome.
(The Court reviews the verdict form.)
THE COURT: All right. You may announce the verdict.
COURT CLERK: In Criminal No. 13-10200, United States of America versus Dzhokhar A. Tsarnaev, the verdict:
Count One: As to Count One of the indictment charging conspiracy to use a weapon of mass destruction, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the conspiracy charged in Count One of the indictment resulted in at least one of the four deaths alleged in Count One, we unanimously find:
As to the death of Krystle Marie Campbell: Yes.
As to the death of Officer Sean Collier: Yes.
As to the death of Lingzi Lu: Yes.
As to the death of Martin Richard: Yes.
Count two: As to Count Two of the indictment charging the use of a weapon of mass destruction (Pressure Cooker Bomb No. 1) on or about April 15, 2013, in the vicinity of 671 Boylston Street in Boston, Massachusetts, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the offense charged in Count Two resulted in the death of Krystle Marie Campbell, we unanimously find: Yes.
Count Three: As to Count Three of the indictment charging that the defendant used or carried a firearm (Pressure Cooker Bomb No. 1) during and in relation to a crime of violence, namely, use of a weapon of mass destruction as charged in Count Two of this indictment, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Three, (Pressure Cooker Bomb No. 1) was discharged, we unanimously find: Yes.
As to whether the firearm charged in Count Three (Pressure Cooker Bomb No. 1) was a destructive device, we unanimously find: Yes.
As to whether the defendant in the course of committing the violation alleged in Count Three caused the death of Krystle Marie Campbell through the use of a firearm, and the killing was a murder, or aided or abetted another in causing the death of Krystle Marie Campbell through the use of a firearm, and the killing was a murder, we unanimously find: Yes.
Count Four: As to Count Four of the indictment charging use of a weapon of mass destruction (Pressure Cooker Bomb No. 2) on or about April 15, 2013, in the vicinity of 755 Boylston Street in Boston, Massachusetts, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the offense charged in Count Four of the indictment resulted in at least one of the two deaths alleged in count four, we unanimously find:
As to the death of Lingzi Lu: Yes.
As to the death of Martin Richard: Yes.
As to Count Five of the indictment charging that the defendant used or carried a firearm (Pressure Cooker Bomb No. 2) during and in relation to a crime of violence, namely, use of a weapon of mass destruction as charged in Count Four of this indictment, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Five was discharged, we unanimously find: Yes.
As to whether the firearm charged in Count Five was a destructive device, we unanimously find: Yes.
As to whether the defendant, in the course of committing the violation alleged in Count Five, caused one of the two deaths alleged in Count Five, and the killing was a murder, or aided or abetted another in causing one of the two deaths alleged in Count Five, and the killing was a murder, we unanimously find:
As to the death of Lingzi Lu: Yes.
As to the death of Martin Richard: Yes.
Count Six: As to Count Six of the indictment charging conspiracy to bomb a place of public use, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the conspiracy charged in Count Six of the indictment resulted in at least one of the deaths alleged in Count Six, we unanimously find:
As to the death of Krystle Marie Campbell: Yes.
As to the death of Officer Sean Collier: Yes.
As to the death of Lingzi Lu: Yes.
As to the death of Martin Richard: Yes.
Count Seven: As to Count Seven of the indictment charging the bombing of a place of public use (Pressure Cooker Bomb No. 1) on or about April 15, 2013, in the vicinity of 671 Boylston Street, Boston, Massachusetts, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the offense charged in Count Seven resulted in the death of Krystle Marie Campbell, we unanimously find: Yes. Count Eight: As to Count Eight of the indictment charging that the defendant used or carried a firearm (Pressure Cooker Bomb No. 1) during and in relation to a crime of violence, namely, the bombing of a place of public use as charged in Count Seven of this indictment, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Eight (Pressure Cooker Bomb No. 1) was discharged, we unanimously find: Yes.
As to whether the firearm charged in Count Eight (Pressure Cooker Bomb No. 1) was a destructive device, we unanimously find: Yes.
As to whether the defendant, in the course of committing the violation alleged in Count Eight, caused the death of Krystle Marie Campbell through the use of the firearm, and the killing was a murder, or aided or abetted another in causing the death of Krystle Marie Campbell through the use of the firearm, and the killing was a murder, we unanimously find: Yes.
Count Nine: As to Count Nine of the indictment charging the bombing of a place of public use (Pressure Cooker Bomb No. 2) on or about April 15, 2013, in the vicinity of 755 Boylston Street, Boston, Massachusetts, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the offense charged in Count Nine of the indictment resulted in the death of at least one of the two persons alleged in Count Nine, we unanimously find:
As to the death of Lingzi Lu: Yes.
As to the death of Martin Richard: Yes.
Count Ten: As to Count Ten of the indictment charging that the defendant used or carried a firearm (Pressure Cooker Bomb No. 2) during and in relation to a crime of violence, namely, the bombing of a place of public use as charged in Count Nine of this indictment, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Ten (Pressure Cooker Bomb No. 2) was discharged, we unanimously find: Yes.
As to whether the firearm charged in Count Ten (Pressure Cooker Bomb No. 2) was a destructive device, we unanimously find: Yes.
As to whether the defendant, in the course of committing the violation alleged in Count Ten of the indictment, caused the death of one of the two persons alleged in Count Ten through the use of the firearm, and the killing was a murder, or aided or abetted another in causing the death of one of the two persons alleged in Count Ten through the use of the firearm, and the killing was a murder, we unanimously find:
As to the death of Lingzi Lu: Yes.
As to the death of Martin Richard: Yes.
Count Eleven: As to Count Eleven of the indictment charging conspiracy to maliciously destroy property, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the conspiracy charged in Count Eleven of the indictment resulted in at least one of the four deaths alleged in Count Eleven, we unanimously find:
As to the Krystle Marie Campbell: Yes.
As to the death of Officer Sean Collier: Yes.
As to the death of Lingzi Lu: Yes.
As to the death of Martin Richard: Yes.
Count Twelve: As to Count Twelve of the indictment charging malicious destruction of property by means of an explosive (Pressure Cooker Bomb No. 1) on or about April 15, 2013, in the vicinity of 671 Boylston Street in Boston, Massachusetts, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the offense charged in Count Twelve of the indictment resulted in personal injury to at least one person, we unanimously find: Yes.
As to whether the offense charged in Count Twelve of the indictment resulted in the death of Krystle Marie Campbell, we unanimously find: Yes.
Count Thirteen: As to Count Thirteen of the indictment charging that the defendant used or carried a firearm (Pressure Cooker Bomb No. 1) during and in relation to a crime of violence, namely, malicious destruction of property as charged in Count Twelve of this indictment, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Thirteen was discharged, we unanimously find: Yes.
As to whether the firearm charged in Count Thirteen was a destructive device, we unanimously find: Yes. As to whether the defendant in the course of committing the violation alleged in Count Thirteen caused the death of Krystle Marie Campbell through the use of the firearm, and the killing was a murder, or aided or abetted another in causing the death of Krystle Marie Campbell through the use of a firearm, and the killing was a murder, we unanimously find: Yes.
Count Fourteen: As to Count Fourteen of the indictment charging malicious destruction of property by means of an explosive (Pressure Cooker Bomb No. 2) on or about April 15, 2013, in the vicinity of 755 Boylston Street in Boston, Massachusetts, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the offense charged in Count Fourteen resulted in personal injury to at least one person, we unanimously find: Yes.
As to whether the offense charged in Count Fourteen of the indictment resulted in at least one of the two deaths alleged in Count Fourteen, we unanimously find:
As to the death of Lingzi Lu: Yes.
As to the death of Martin Richard: Yes.
Count Fifteen: As to Count Fifteen of the indictment charging that the defendant used or carried a firearm (Pressure Cooker Bomb No. 2) during and in relation to a crime of violence, namely, malicious destruction of property as charged in Count Fourteen of this indictment, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Fifteen (Pressure Cooker Bomb No. 2) was discharged, we unanimously find: Yes.
As to whether the firearm charged in Count Fifteen (Pressure Cooker Bomb No. 2) was a destructive device, we unanimously find: Yes.
As to whether the defendant, in the course of committing the violation alleged in Count Fifteen of the indictment, caused the death of one of the two persons alleged in Count Fifteen, and the killing was a murder, or aided or abetted another in causing the death of one of the two persons alleged in Count Fifteen, and the killing was a murder, we unanimously find:
As to the death of Lingzi Lu: Yes.
As to the death of Martin Richard: Yes.
Count Sixteen: As to Count Sixteen of the indictment charging that on or about April 18, 2013, the defendant used or carried a firearm (Ruger P95 9 mm semiautomatic handgun) during and in relation to a crime of violence, namely, conspiracy to use a weapon of mass destruction as charged in Count One of this indictment, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Sixteen (Ruger P95 9 mm semiautomatic handgun) was discharged, we unanimously find: Yes.
As to whether the defendant, in the course of the violation charged in Count Sixteen, caused the death of Officer Sean Collier, and the killing was a murder, or aided or abetted another in causing the death of Officer Sean Collier, and the killing was a murder, we unanimously find: Yes.
Count Seventeen: As to Count Seventeen of the indictment charging that on or about April 18, 2013, the defendant used or carried a firearm (Ruger P95 9 mm semiautomatic handgun) during and in relation to a crime of violence, namely; conspiracy to bomb a place of public use as charged in Count Six of this indictment, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Seventeen was discharged, we unanimously find: Yes.
As to whether the defendant, in the course of committing the violation charged in Count Seventeen of the indictment, caused the death of Officer Sean Collier, and the killing was a murder, or aided or abetted another in causing the death of Officer Sean Collier, and the killing was a murder, we unanimously find: Yes.
Count Eighteen: As to Count Eighteen of the indictment charging that on or about April 18, 2013, the defendant used or carried a firearm (Ruger P95 9 mm semiautomatic handgun) during and in relation to a crime of violence, namely, conspiracy to maliciously destroy property as charged in Count Eleven of this indictment, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Eighteen was discharged, we unanimously find: Yes. As to whether the defendant, in the course of committing the violation charged in Count Eighteen, caused the death of Officer Sean Collier, and the killing was a murder, or aided or abetted another in causing the death of Officer Sean Collier, and the killing was a murder, we unanimously find: Yes.
Count Nineteen: As to Count Nineteen of the indictment charging carjacking and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the offense charged in Count Nineteen resulted in serious bodily injury to Officer Richard Donohue, we unanimously find: Yes.
Count Twenty: As to Count Twenty of the indictment charging that on or about April 18, 2013, the defendant used or carried a firearm (Ruger P95 9 mm semiautomatic handgun) during and in relation to a crime of violence, namely, carjacking as charged in Count Nineteen of this indictment, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Twenty (Ruger P95 9 mm semiautomatic handgun) was brandished, we unanimously find: Yes.
Count Twenty-One: As to Count Twenty-One of the indictment charging interference with commerce by threats or violence on or about April 18, 2013, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
Count Twenty-Two: As to Count Twenty-Two of the indictment charging that on or about April 18, 2013, the defendant used or carried a firearm (Ruger P95 9 mm semiautomatic handgun) during and in relation to a crime of violence, namely, interference with commerce by threats and violence as charged in Count Twenty-One of this indictment, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
As to whether the firearm charged in Count Twenty-Two was brandished, we unanimously find: Yes.
Count Twenty-Three: As to Count Twenty-Three of the indictment charging use of a weapon of mass destruction (Pressure Cooker Bomb No. 3) on or about April 19, 2013, in the vicinity of Laurel Street and Dexter Avenue in Watertown, Massachusetts, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
Count Twenty-Four: As to Count Twenty-Four of the indictment charging that the defendant used or carried a firearm (Ruger P95 9 mm semiautomatic handgun and Pressure Cooker Bomb No. 3) during and in relation to a crime of violence, namely, use of a weapon of mass destruction, as charged in Count Twenty-Three of this indictment, we unanimously find the defendant, Dzhokhar A. Tsarnaev:
A. As to the Ruger P95 9 mm semiautomatic handgun: Guilty.
B. As to Pressure Cooker Bomb No. 3: Guilty.
As to whether the Ruger P95 9 mm semiautomatic handgun charged in Count Twenty-Four was discharged, we unanimously find: Yes.
As to whether Pressure Cooker Bomb No. 3 charged in Count Twenty-Four was discharged, we unanimously find: Yes.
As to whether Pressure Cooker Bomb No. 3 was a destructive device, we unanimously find: Yes.
Count Twenty-Five: As to Count Twenty-Five of the indictment charging use of a weapon of mass destruction (Pipe Bomb No. 1) on or about April 19, 2013, in the vicinity of Laurel Street and Dexter Avenue in Watertown, Massachusetts, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty.
Count Twenty-Six: As to Count Twenty-Six of the indictment charging that the defendant used or carried a firearm (Ruger P95 9 mm semiautomatic handgun and Pipe Bomb No. 1) during and in relation to a crime of violence, namely, use of a weapon of mass destruction as charged in Count Twenty-Five of this indictment, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev:
A. As to the Ruger P95 9 mm semiautomatic handgun: Guilty.
B. As to Pipe Bomb No. 1: Guilty.
As to whether the Ruger P95 9 mm semiautomatic handgun charged in Count Twenty-Five was discharged, we unanimously find: Yes.
As to whether Pipe Bomb No. 1 charged in Count Twenty-Five was discharged, we unanimously find: Yes.
As to whether Pipe Bomb No. 1 was a destructive device, we unanimously find: Yes.
Count Twenty-Seven: As to Count Twenty-Seven of the indictment charging use of a weapon of mass destruction (Pipe Bomb No. 2) on or about April 19, 2013, in the vicinity of Laurel Street and Dexter Avenue in Watertown, Massachusetts, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev: Guilty. Count Twenty-Eight: As to Count Twenty-Eight of the indictment charging that the defendant used or carried a firearm (Ruger P95 9 mm semiautomatic handgun and Pipe Bomb No. 2) during and in relation to a crime of violence, namely, use of a weapon of mass destruction as charged in Count Twenty-Seven of this indictment, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev:
A. As to Ruger P95 9 mm semiautomatic handgun: Guilty.
B. As to Pipe Bomb No. 2: Guilty.
As to whether the Ruger P95 9 mm semiautomatic handgun charged in Count Twenty-Eight was discharged, we unanimously find: Yes.
As to whether Pipe Bomb No. 2 charged in Count Twenty-Eight was discharged, we unanimously find: Yes.
As to whether Pipe Bomb No. 2 was a destructive device, we unanimously find: Yes.
Count Twenty-Nine: As to Count Twenty-Nine of the indictment charging use of a weapon of mass destruction (Pipe Bomb No. 3) on or about April 19, 2013, in the vicinity of Laurel Street and Dexter Avenue in Watertown, Massachusetts, and aiding and abetting, we find the defendant, Dzhokhar A. Tsarnaev: Guilty.
Count Thirty: As to Count Thirty of the indictment charging that the defendant used or carried a firearm (Ruger P95 9 mm semiautomatic handgun and Pipe Bomb No. 3) during and in relation to a crime of violence, namely, use of a weapon of mass destruction as charged in Count Twenty-Nine of this indictment, and aiding and abetting, we unanimously find the defendant, Dzhokhar A. Tsarnaev:
A. As to the Ruger P95 9 mm semiautomatic handgun: Guilty.
B. As to Pipe Bomb No. 3: Guilty.
As to whether Pipe Bomb No. 3 charged in Count Thirty was brandished, we unanimously find: Yes.
As to whether the Ruger P95 9 mm semiautomatic handgun charged in Count Thirty was discharged, we unanimously find: Yes.
As to whether Pipe Bomb No. 3 was a destructive device, we unanimously find: Yes.
Madam foreperson, is that your verdict?
JUROR: Yes.
COURT CLERK: And so say you all?
JUROR: Yes.
THE COURT: Be seated for a moment, please.
Jurors, as you know, because the defendant is convicted now on your verdict of capital offenses for which the penalty of death may be imposed, we will proceed to a second phase of the trial which we have colloquially referred to as the "penalty phase."
You are still an active jury subject to your oath and all the obligations that an active jury has. Those include avoiding any discussion, of course, of the case. You may not discuss your deliberations that have just concluded with anyone, including each other. That is now in the past. There is a task ahead of you that we have to look forward to. Leave everything related to the deliberations behind.
If anyone tries to engage you about what the deliberations involved, you are to respond that you're unable under the law and the penalties that can be imposed -- to refrain from any discussion of it whatsoever. Sometimes people think because you have rendered a verdict, that your job is over and they're free to ask you about that. That is not the case under these circumstances. If anybody does try to interview you or press you for information, and persists after you tell them that you can't provide it, then report it to one of the court officials immediately.
It's important now that you also avoid any discussion of deliberations with the alternate jurors who now will rejoin you as participants in the evidence phase of the penalty part of the trial. The alternates will resume their position in the box and hear the evidence going forward just as everybody else will and, of course, stand ready, if necessary, to be substituted for one of the first 12 jurors, if that should happen to occur.
So I give you, as we break -- well, let me just say we will proceed to the next phase. The schedule is as yet undetermined. We will do it rather expeditiously. It will not be tomorrow or the next day. It could be early next week, and so you should hold yourselves ready to return as directed. The jury clerk will get in touch with each of you individually to tell you with as much notice as we can give you when you should return. That applies again to everybody.
So I now repeat my usual cautions: No communications with anyone about the case. Avoid news reports about the case. There will probably be some today. Don't be tempted to look at them. You're still under that restriction. And I think the people that you live and associate with will understand that under these circumstances, and we appreciate that.
And, of course, avoid any temptations to use social media of any kind to talk in any way about your experience or to do any investigating or anything else. You understand those instructions and you've been very good about abiding by them. I just continue to remind you of them.
All right. With that, we'll stand in recess.
COURT CLERK: All rise for the Court and the jury. The Court will be in recess.
(The Court and jury exit the courtroom and the proceedings adjourned at 2:39 p.m.)