1.Penalty-Phase Verdict and Jury Poll
54 linesP R O C E E D I N G S
COURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 8:36 a.m.)
COURT CLERK: Be seated.
THE COURT: Good morning, jurors.
JUROR: Good morning, your Honor.
THE COURT: I again ask you, particularly the deliberating jurors, have you avoided any discussion of the case with anyone since we last were here?
JUROR: Yes.
THE COURT: Yes? And have you avoided the news coverage of this case?
JUROR: Yes.
THE COURT: Yes? Okay. Thank you.
Well, I will again record for the record that all deliberating jurors have returned and are prepared to continue their deliberations. As well, the alternates are all here as well. So we'll ask the deliberating jurors now to withdraw and continue your deliberations in the case.
COURT CLERK: All rise for the Court and the jury. Court will be in recess.
(The Court and jury exit the courtroom and the proceedings adjourned at 8:39 a.m.)
COURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 3:07 p.m.)
COURT CLERK: Will everyone in the courtroom be seated. Will the defense remain standing.
Madam foreperson, has the jury reached a verdict?
JUROR: We have.
COURT CLERK: May I have the envelope, please?
(Whereupon, the foreperson hands the envelope to the clerk. The verdict is reviewed by the Court.)
THE COURT: You may announce the verdict.
COURT CLERK: Thank you. In Criminal No. 13-10200, the United States of America versus Dzhokhar Tsarnaev, penalty phase verdict:
Section I. Age of the Defendant.
Number 1. Dzhokhar Tsarnaev was 18 years of age or older at the time of the offense charged under the particular capital count.
The jurors' answer: We unanimously find that this has been proved beyond a reasonable doubt with regard to all of the capital counts.
Section II. Gateway Factors.
Number 1. Dzhokhar Tsarnaev intentionally killed the victim or victims of the particular capital count you are considering.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt only with regard to the following capital counts. Identify each count by count number. 1, 4, 5, 6, 9, 10, 14 and 15.
Gateway Factor No. 2: Dzhokhar Tsarnaev intentionally inflicted serious bodily injury that resulted in the death of the victim or victims of the particular capital count you are considering.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt only with regard to the following capital counts. Identify each count by count number. 1, 4, 5, 6, 9, 10, 14, 15.
Gateway Factor No. 3: Dzhokhar Tsarnaev intentionally participated in an act contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person other than one of the participants in the offense, and the victim or victims of the particular capital count you are considering died as a direct result of the act.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Gateway Factor No. 4: Dzhokhar Tsarnaev intentionally and specifically engaged in an act of violence knowing that the act created a grave risk of death to a person other than one of the participants in the offense such that participation in the act constituted a reckless disregard for human life and the victim or victims of the particular capital count you are considering died as a direct result of the act.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Section III. Statutory Aggravating Factors.
Statutory Aggravating Factor No. 1: The death and injury resulting in death occurred during the commission and attempted commission of and during the immediate flight from the commission of an offense under:
A. 18 U.S.C. Section 2332a (use of a weapon of mass destruction). This applies to all the capital counts; and/or.
B. 18 U.S.C. Section 844(i) (destruction of property affecting interstate commerce by explosives). Only applies to capital counts 1 through 10 and 12 through 15.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Statutory Aggravating Factors No. 2: Dzhokhar Tsarnaev knowingly created a grave risk of death to one or more persons in addition to the victim of the offense in the commission of the offense and in escaping apprehension for the violation of the offense. This applies to all capital counts.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt only with regard to the following capital counts. And you have identified each count by count number. 1, 4, 5, 6, 9, 10, 14, 15, 16, 17, and 18.
Statutory Aggravating Factor No. 3: Dzhokhar Tsarnaev committed the offense in an especially heinous, cruel and depraved manner in that it involved serious physical abuse to the victim. This applies only to capital counts 1 through 10 and 12 through 15.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt only with regard to the following capital counts. And you have identified each count by count number. 1, 4, 5, 6, 9, 10, 14, 15.
Statutory Aggravating Factor No. 4: Dzhokhar Tsarnaev committed the offense after substantial planning and premeditation to cause the death of a person and commit an act of terrorism. This only applies to capital counts 1 through 10 and 12 through 15.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts. Statutory Aggravating Factor No. 5: Dzhokhar Tsarnaev intentionally killed and attempted to kill more than one person in a single criminal episode. This applies only to capital counts 1 through 10 and 12 through 15.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Statutory Aggravating Factor No. 6: Dzhokhar Tsarnaev is responsible for the death of a victim, Martin Richard, who was particularly vulnerable due to the youth. Only applies to capital counts 1, 4, 5, 6, 9, 10, 14 and 15.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Section 4. Non-Statutory Aggravating Factors.
Non-Statutory Aggravating Factor No. 1: In conjunction with committing acts of violence and terrorism, Dzhokhar Tsarnaev made statements suggesting that others would be justified in committing additional acts of violence and terrorism against the United States. This applies to all of the capital counts.
The jurors' answer: We do not unanimously find that this factor has been proved beyond a reasonable doubt with regard to any of the applicable capital counts.
Non-Statutory Aggravating Factor No. 2: Dzhokhar Tsarnaev caused injury, harm and loss to Krystle Marie Campbell and her family and friends. This only applies to capital counts 1, 2, 3, 6, 7, 8, 12 and 13;
Martin Richard and his family and friends. This only applies to capital counts 1, 4, 5, 6, 9, 10, 14 and 15;
Lingzi Lu and her family and friends. Only applies to capital counts 1, 4, 5, 6, 9, 10, 14 and 15;
and/or Officer Sean Collier and his family and friends. This only applies to capital counts 1, 6, 16, 17 and 18.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Non-Statutory Aggravating Factor No. 3: Dzhokhar Tsarnaev targeted the Boston Marathon, an iconic event that draws large crowds of men, women and children to its final stretch, making it especially susceptible to the act and effects of terrorism. This only applies to capital counts 1 through 10 and 12 through 15.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Non-Statutory Aggravating Factors No. 4: Dzhokhar Tsarnaev demonstrated a lack of remorse. This applies to all capital counts.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Non-Statutory Aggravating Factor No. 5: Dzhokhar Tsarnaev murdered Officer Sean Collier, a law enforcement officer who was engaged in the performance of his official duties at the time of his death. This only applies to capital counts 1, 6, 16, 17 and 18.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Non-Statutory Aggravating Factor No. 6: Dzhokhar Tsarnaev participated in additional uncharged crimes of violence, including assault with a dangerous weapon, assault with intent to maim, mayhem and attempted murder:
A. On April 15, 2013, in Boston, Massachusetts. This only applies to capital counts 1 through 10 and 12 through 15.
B. On or about April 19, 2013, in Watertown, Massachusetts. Applies to all capital counts.
The jurors' answer: We unanimously find that this factor has been proved beyond a reasonable doubt with regard to all of the applicable capital counts.
Section V. Mitigating Factors.
Mitigating Factor No. 1: Dzhokhar Tsarnaev was 19 years old at the time of the offenses.
The number of jurors who so find: 12.
Mitigating Factor No. 2: Dzhokhar Tsarnaev had no prior history of violent behavior.
Number of jurors who so find: 11.
Mitigating Factor No. 3: Dzhokhar Tsarnaev acted under the influence of his older brother.
The number of jurors who so find: Three.
Mitigating Factor No. 4: Whether because of Tamerlan's age, size, aggressiveness, domineering personality, privilege status in the family, traditional authority as the eldest brother, or other reasons, Dzhokhar Tsarnaev was particularly susceptible to his older brother's influence.
Number of jurors who so find: Three. Mitigating Factor No. 5: Dzhokhar Tsarnaev's brother Tamerlan planned, led and directed the marathon bombing.
Number of jurors who so find: Three.
Mitigating Factor No. 6: Dzhokhar Tsarnaev's brother Tamerlan was the person who shot and killed Officer Sean Collier.
Number of jurors who so find: Two.
Mitigating Factor No. 7: Dzhokhar Tsarnaev would not have committed the crimes but for his older brother Tamerlan.
Number of jurors who so find: Three.
Mitigating Factor No. 8: Dzhokhar Tsarnaev's teachers in elementary school, middle school and high school knew him to be hard working, respectful, kind and considerate.
Number of jurors who so find: 12.
Mitigating Factor No. 9: Dzhokhar Tsarnaev's friends in high school and college knew him to be thoughtful, caring and respectful of the rights and feelings of others.
Number of jurors who so find: 11.
Mitigating Factor No. 10: Dzhokhar Tsarnaev's teachers and friends still care for him.
Number of jurors who so find: Three.
Mitigating Factor No. 11: Dzhokhar Tsarnaev's aunts and cousins love and care for him.
Number of jurors who so find: 12.
Mitigating Factor No. 12: Mental illness and brain damage disabled Dzhokhar Tsarnaev's father.
Number of jurors who so find: 12.
Mitigating Factor No. 13: Dzhokhar Tsarnaev was deprived of needed stability and guidance during his adolescence by his father's mental illness and brain damage.
Number of jurors who so find: Two.
Mitigating Factor No. 14: Dzhokhar Tsarnaev's father's illness and disability made Tamerlan the dominant male figure in Dzhokhar's life.
Number of jurors who so find: Two.
Mitigating Factor No. 15: Dzhokhar Tsarnaev was deprived of the stability and guidance he needed during his adolescence due to his mother's emotional volatility and religious extremism.
Number of jurors who so find: One.
Mitigating Factor No. 16: Dzhokhar Tsarnaev's mother facilitated his brother Tamerlan's radicalization.
Number of jurors who so find: Ten.
Mitigating Factor No. 17: Tamerlan Tsarnaev became radicalized first, and then encouraged his younger brother to follow him.
Number of jurors who so find: Five.
Mitigating Factor No. 18: Dzhokhar Tsarnaev's parents return to Russia in 2012 made Tamerlan the dominant adult in Dzhokhar's life.
Number of jurors who so find: Two.
Mitigating Factor No. 19: Dzhokhar Tsarnaev is highly unlikely to commit, incite or facilitate any acts of violence in the future while serving a life-without-release sentence in federal custody.
Number of jurors who so find: One.
Mitigating Factor No. 20: The government has the power to severely restrict Dzhokhar Tsarnaev's communications with the outside world.
Number of jurors who so find: Two.
Mitigating Factor No. 21: Dzhokhar Tsarnaev has expressed sorrow and remorse for what he did and for the suffering he caused.
Number of jurors who so find: Two.
And the jurors have found no further mitigating factors.
Section VI. Determination of Sentence.
Based upon consideration of whether the aggravating factor or factors found to exist for each count sufficiently outweigh the mitigating factor or factors found to exist for that count to justify a sentence of death or, in the absence of a mitigating factor, whether the aggravating factor or factors alone are sufficient to justify a sentence of death.
The jurors' answer: We, the jury, unanimously find for some of the capital counts that the aggravating factor or factors found to exist sufficiently outweigh the mitigating factor or factors found to exist or, in the absence of any mitigating factors, that the aggravating factor or factors are themselves sufficient so that death is the appropriate sentence for Dzhokhar Tsarnaev with regard to each of the following capital counts only. You identify each count by the count number. 4, 5, 9, 10, 14, 15.
THE COURT: Read the last sentence of that section.
COURT CLERK: With regard to the above listed counts, we vote unanimously that Dzhokhar Tsarnaev shall be sentenced to death as to each count.
Madam foreperson, is that your verdict?
JUROR: Yes, it is.
COURT CLERK: And so say you all?
JUROR: Yes.
THE COURT: All right. The certificates are in order.
Jurors and defense counsel and defendant, please be seated for a moment.
Jurors, with your verdict, your service as jurors in this case has come to an end. I want to thank you for your service.
MR. BRUCK: If your Honor please, we would request that the jury be polled prior to the Court's remarks.
THE COURT: All right. We would ask the jurors to rise.
COURT CLERK: Jurors, please rise.
Juror No. 1, you have heard me give the verdict as recorded. Is that your verdict?
JUROR: Yes, it is.
COURT CLERK: And Juror No. 2?
JUROR: Yes.
COURT CLERK: And Juror No. 3?
JUROR: Yes.
COURT CLERK: And Juror No. 4?
JUROR: Yes.
COURT CLERK: And Juror No. 5?
JUROR: Yes.
COURT CLERK: And Juror No. 6?
JUROR: Yes.
COURT CLERK: And Juror No. 7?
JUROR: Yes.
COURT CLERK: And Juror No. 8?
JUROR: Yes.
COURT CLERK: And Juror No. 9?
JUROR: Yes.
COURT CLERK: And Juror No. 10?
JUROR: Yes.
COURT CLERK: Juror No. 11?
JUROR: Yes.
COURT CLERK: And Juror No. 12?
JUROR: Yes.
COURT CLERK: The jury is polled, your Honor.