Day 46 - April 13, 2015

Counsel argued over the scope of penalty-phase evidence and sentencing arguments. The government sought to exclude evidence linking Tamerlan Tsarnaev to the Waltham murders, challenging Todashev's reliability and warning of a collateral murder inquiry. The defense argued that the allegations supported its account of Tamerlan's influence over others. The Court asked about independent support; Fick acknowledged limits in the computer evidence and uncertainty about possible telephone calls. The parties also disputed Tamerlan's alleged prior violence and intimidation. The government expressly declined to object to evidence of mosque outbursts. The defense sought to introduce an offer to plead guilty and accept life without parole, accompanied by a remorse statement, in response to the government's lack-of-remorse aggravating factor. The Court distinguished the offer from the statement and reserved decision. Counsel disputed whether rejected proffer arrangements belonged to the plea negotiations or a separate cooperation proposal. Separately, the defense sought to exclude Dr. King's proposed testimony and limit surviving-victim injury evidence, citing relevance and prejudice concerns. The government defended the proposed medical testimony as relevant to aggravating factors. Other disputes concerned Massachusetts's lack of a death penalty, execution and martyrdom, and prison security. The defense sought to address Massachusetts law in argument without additional evidence. Bruck expressly disclaimed an empirical prediction that execution would increase terrorist attacks. The government challenged that proposed mitigation argument as speculative. On prison security, the defense sought a narrow presentation about security and communication restrictions; the government sought exclusion or broader cross-examination and rebuttal. The Court also recognized the defense's preserved position on a reasonable-doubt weighing standard while noting contrary circuit law. The Court set Thursday's close of business for witness and exhibit lists and proposed sentencing factors, and requested a proposed verdict slip. Proposed overseas video testimony remained unresolved as the Court sought details and raised concerns about an enforceable oath. The government described planned medical images and a closing display of Martin Richard's clothing. The defense requested the actual closing video clip for the record. No evidentiary ruling on the disputed requests is recorded in the supplied material.