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Dzhokhar Tsarnaev— Case Archive
2015 Federal Trialtrial-daytrial-daycharge_conferenceDay 56 - April 30, 2015The court requested proposed mitigating factors for a draft verdict form. The defense sought Waltham investigative records, while the government maintained that federal disclosure was complete. No ruling on those requests was recorded.
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Day 56 - April 30, 2015

Mitigating Factors and Waltham Disclosure Requests

Judge George A. O'Toole Jr.
5Proceedings
2Pages
0Witnesses
103Lines
Day 56 of 67

The court requested proposed mitigating factors for a draft verdict form. The defense sought Waltham investigative records, while the government maintained that federal disclosure was complete. No ruling on those requests was recorded.

Full day summary

The court requested a working verdict form containing proposed mitigating factors, subject to revision. The government sought an early, overinclusive draft to identify disputes about dividing factors. The defense agreed to submit its current proposals while noting that their final organization would depend on the evidence admitted. Defense counsel Miriam Conrad sought orders for state investigative records and in camera review of current federal information concerning Tamerlan's alleged involvement in the Waltham murders. She argued that access was necessary to meet the court's evidentiary threshold. Chakravarty reported that blood samples yielded no DNA profile. Conrad's account of possible robbery proceeds and money transfers remained argument, not established evidence. William Weinreb maintained that required federal disclosures were complete and that Middlesex had withheld its investigative file despite requests. He agreed to submit a written response. No ruling on the Waltham requests was recorded.

1. Juror Illness, Alternate Substitution and Postponement, Draft Verdict Form, and Mitigating Factors

The Court requests a draft verdict form with proposed mitigating factors. Counsel discuss its organization and clarify the pending Waltham subpoena matter without a recorded ruling.

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Procedural
Juror Illness and Possible Alternate Substitution
27 lines
Charge Conference
Draft Verdict Form and Mitigating Factors
19 lines

The defense agrees to submit a working draft of mitigating factors; final wording remains open, as does the Waltham subpoena motion.

Procedural
Juror Availability and Postponement Options
13 lines

Highlights

Draft Verdict Form and Mitigating Factorsprocedural actionThe parties discuss adding mitigating factors to the draft verdict form. The defense agrees to provide its current proposals, and the Court treats them as a working draft that can be reorganized.

2. Waltham Subpoena Motion, Investigative Disclosure, and Juror-Illness Adjournment

Conrad sought investigative records and federal review concerning Tamerlan's alleged involvement in the Waltham murders. Weinreb agreed to respond in writing; no ruling appears in the exchange.

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Procedural
Waltham Subpoena Motion and Investigative Disclosure
16 lines

The defense sought Waltham investigative records; the government maintained federal disclosure was complete and promised a written response. No ruling followed.

Procedural
Juror Illness and Adjournment Until Monday
28 lines

Highlights

Waltham Subpoena Motion and Investigative Disclosureevidence eventChakravarty reported that Middlesex had supplied a blood analysis report showing no DNA profile in the samples and said the results provided no new information corroborating Tamerlan's or Todashev's participation.Waltham Subpoena Motion and Investigative Disclosureprocedural actionConrad requested orders for state investigative records and any current federal information concerning Tamerlan's alleged involvement, with in camera review and protective measures as necessary. She argued that denying access to information needed to meet the evidentiary threshold would be unfair.
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