3.Sentencing Argument — Prosecution

MR. WEINREB: Thank you. Your Honor, the defendant helped plan and carry out one of the most horrific terrorist attacks ever on American soil. He murdered two young women, a little boy and a police officer. He permanently maimed 17 men, women and children who will have to live without one or both legs for the rest of their lives, and he injured hundreds more. He burned some and blinded others. He filled victims with pieces of shrapnel that will in some cases remain in their bodies forever. He caused dozens, if not hundreds, to suffer pain, hearing loss, insomnia, nightmares, anxiety and depression. The defendant did all of this not because of mental illness or childhood trauma or social disadvantage, but as a means to an end. His actions were politically motivated. His goal was to glorify violent extremism and to weaken America by terrifying and demoralizing the American population.

But in that regard, the defendant's actions were a total failure. The only thing he showed the world is that violent extremism is morally bankrupt. It accomplishes nothing but pointless suffering. Far from demoralizing Americans, the defendant's savage attack on women, children and other innocents brought out the best in American people. The victims and survivors have reacted to their loss with strength and dignity. Family members and friends, first responders, hospital workers and devoted caretakers have all shown boundless compassion and generosity. People from all over the nation and the world have contributed money, time, kindness and love. Even so, the harm the defendant caused to the victims cannot be undone. The families of the dead and wounded will suffer for their entire lives. Their pain, their grief, their loss can never be erased. They can never be made whole.

Despite the barbaric nature of the defendant's crimes, his treatment has been civilized and humane. He received a public trial before a fair and impartial jury. He was assisted by lawyers of his choice and a team of assistants who summoned witnesses to testify for him from all over the world. But nothing that was said by them could distract from the enormity of his crimes. The trial of this case was a quintessential example of American justice, and so was the jury's verdict.

And so the government now asks that the Court give effect to that verdict by sentencing the defendant to death on Counts 4, 5, 9, 10, 14 and 15, and to life imprisonment without the possibility of release on Counts 1, 2, 3, 6, 7, 8, 12, 13, 16, 17, and 18. By law, Counts 3, 8, 13, 16, 17 and 18 must run consecutively with each other and with any other sentence.

The government further requests that the defendant be sentenced to seven years imprisonment on Count 20, to 25 years imprisonment on Count 2, and to life imprisonment on Counts 24, 26, 28 and 30, all to run consecutively to each other and to any other sentence.

The government requests that the defendant be sentenced to 25 years imprisonment on Count 19, the carjacking count; to 20 years imprisonment on Count 21, the robbery count; to life imprisonment on Count 11, which charges conspiracy to maliciously destroy property; and to life imprisonment on Counts 23, 25, 27 and 29, which charge use of a weapon of mass destruction in Watertown.

On each count on which the defendant is not sentenced to death, the government requests that the defendant be sentenced to the maximum authorized term of supervised release. Pursuant to Title 18, United States Code, Section 981(a)(1)(G), and 28, United States Code, Section 2461(c), the government requests that the Court grant the government's forfeiture motion, pronounce it orally as part of the sentence, include it in the judgment and commitment order, and enter the government's proposed preliminary order of forfeiture.

Pursuant to Title 18, United States Code, Section 3013, the government requests that the Court sentence the defendant to pay a $100 mandatory special assessment on each of the 30 counts of conviction.

Finally, pursuant to Title 18, United States Code, Section 3663A(a)(1), and 18, United States Code, Section 3664(d)(5), the government requests that the Court order the defendant to pay restitution to the victims of his crimes in amounts to be determined within 90 days of the judgment.

Thank you.