Day 63 - May 13, 2015

Judge George A. O'Toole Jr. reviewed the sentencing instructions and revised verdict slip, removing language that purported to impose life sentences on remaining counts if jurors selected death on only some capital counts. He also limited closing arguments about deliberation procedures and barred counsel from saying he had ordered changes to special administrative measures in this case. The government confirmed it would not use the Collier autopsy photograph in closing. The judge instructed jurors to consider death or life imprisonment without release separately on 17 capital counts. Gateway-intent findings had to rest on Dzhokhar Tsarnaev's own actions and intent. Aggravating factors required unanimous proof beyond a reasonable doubt; individual jurors could find mitigation by a preponderance of the evidence. The charge presented 21 proposed mitigating factors, required individualized rather than numerical weighing, limited victim-impact evidence, and prohibited treating the defendant's silence as evidence of lack of remorse. Steven D. Mellin sought death, citing victims' suffering, the defendant's conduct and boat writings, and alleged aggravating factors. He disputed mitigation based on youth, family circumstances, and Tamerlan's influence, portraying the brothers as partners. Defense counsel objected outside the jury's hearing, and the court later denied a mistrial request. Judy Clarke sought life without release, acknowledging responsibility while arguing that youth, family instability, Tamerlan's influence, remorse, and the possibility of redemption warranted mitigation. She argued that ADX confinement would provide severe punishment and security, while conceding that permanent placement in its H unit could not be guaranteed. In rebuttal, William D. Weinreb challenged those mitigation arguments and again sought death. He acknowledged that computer evidence was open to interpretation and that the Collier video did not identify the shooter. The court overruled defense objections, found the rebuttal responsive to Clarke's closing, declined a defense reply, and denied a curative instruction concerning Sister Helen Prejean's testimony. Final instructions emphasized unanimity for death and each juror's conscientious judgment. The defense preserved further instruction objections. The same 12 jurors who decided guilt began sentencing deliberations, with six alternates kept separately. After a brief start, deliberations stopped for the evening, and court adjourned at 4:56 p.m.