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Friday 10 April 2015

Tsarnaev found guilty, eligible for death penalty

A forensics expert said Tamerlan's computer showed search terms such as "detonator" and "transmitter and receiver," while Dzhokhar was largely spending time on Facebook and other social media sites. And an FBI investigator said Tamerlan's fingerprints -- but not Dzhokhar's -- were found on pieces of the two bombs.

Clarke is one of the nation's foremost death-penalty specialists and has kept other high-profile defendants off death row. She saved the lives of Unabomber Ted Kaczynski and Susan Smith, the South Carolina woman who drowned her two children in a lake in 1994.

Tsarnaev's lawyers tried repeatedly to get the trial moved out of Boston because of the heavy publicity and the widespread trauma. But opposition to capital punishment is strong in Massachusetts, which abolished its state death penalty in 1984, and some polls have suggested a majority of Bostonians do not want to see Tsarnaev sentenced to death.

The 12-member jury must be unanimous for Tsarnaev to receive a death sentence; otherwise the penalty will be life behind bars.

During the penalty phase, Tsarnaev's lawyers will present so-called mitigating evidence they hope will save his life. That could include evidence about his family, his relationship with his brother, and his childhood in the former Soviet republic of Kyrgyzstan and later in the volatile Dagestan region of Russia.

Prosecutors will present so-called aggravating factors in support of the death penalty, including the killing of a child and the targeting of the marathon because of the potential for maximum bloodshed.

Dan Collins, a former federal prosecutor who handled the case against a suspect in the 2008 terrorist attacks in Mumbai, India, said Massachusetts' history of opposition to capital punishment will have no bearing on the jury's decision about Tsarnaev's fate.

"When you ask people their opinion of the death penalty, there are a number who say it should only be reserved for the horrific cases," he said. "Here you have what is one of the most horrific acts of terrorism on U.S. soil in American history, so if you are going to reserve the death penalty for the worst of the worse, this is it."

Liz Norden, a mother of two sons who lost parts of their legs in the bombing, said death would be the appropriate punishment: "I don't understand how anyone could have done what he did."

Information from The Associated Press was used in this report.

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