Judge tells jury in Boston Marathon bombing case to keep an open mind on Tsarnaev’s punishment

BOSTON – The judge overseeing the case of Boston Marathon bomber Dzhokhar Tsarnaev told jurors Tuesday before the start of the penalty phase of the trial that they must give careful thought to the defendant’s punishment.

Judge George O’Toole Jr. said the jury must weigh aggravating factors proved by prosecutors against mitigating factors shown by Tsarnaev’s lawyers to decide whether Tsarnaev should be sentenced to life in prison or be executed for the 2013 deadly attack.

Three people were killed and more than 260 were injured when twin pressure-cooker bombs exploded near the marathon finish line on April 15, 2013. Tsarnaev was convicted this month of all 30 charges against him.

The judge reminded jurors that they each promised to keep an open mind on what punishment Tsarnaev should receive.

“It is imperative that you keep that promise,” O’Toole said. The judge told jurors that if even one of them votes against the death penalty, the sentence will automatically be life in prison.

Tsarnaev’s lawyers are expected to continue to portray Tsarnaev’s older brother, Tamerlan, as the mastermind of the bombing. They say Tsarnaev does not deserve the death penalty because he was a 19-year-old who was under the influence of his domineering brother, who died in a confrontation with police after the bombings.

Prosecutors contend Tsarnaev was an equal partner with his brother in the bombing and deserves the ultimate punishment. They are expected to call people injured in the attack to describe what impact the bombings have had on their lives.

About a dozen people protesting against the death penalty demonstrated outside the federal courthouse Tuesday morning. Tsarnaev’s lawyers and a prosecutor met with the judge for nearly an hour before the jury was brought in.

During the first phase of the trial, several people described losing legs in the bombings. Others described watching a friend or loved one die in the attack.

The penalty phase is to begin just days after the parents of an 8-year-old boy killed in the bombings urged the U.S. Justice Department to take the death penalty off the table in exchange for a life sentence with no possibility of release or appeals. Jessica Kensky and Patrick Downes, a newlywed couple who each suffered severe injuries, also announced their opposition to the death penalty and said life in prison would be the best outcome to assure that Tsarnaev “disappears from our collective consciousness as soon as possible.”

The judge told the jury the penalty phase is expected to last about four weeks.