Saturday, April 19, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

US prosecutors seek execution of marathon suspect

Dzhokhar Tsarnaev

In this Friday, April 19, 2013 Massachusetts State Police photo, 19-year-old Boston Marathon bombing suspect Dzhokhar Tsarnaev, bloody and disheveled with the red dot of a sniper's rifle laser sight on his forehead, raises his hand from inside a boat at the time of his capture by law enforcement authorities in Watertown, Mass. (AP Photo/Massachusetts State Police, Sean Murphy)

By
From page A5 | January 31, 2014 | 1 Comment

BOSTON — Federal prosecutors Thursday announced they will seek the death penalty against 20-year-old Dzhokhar Tsarnaev in the Boston Marathon bombing, accusing him of betraying his adopted country by ruthlessly carrying out a terrorist attack calculated to cause maximum carnage.

U.S. Attorney General Eric Holder’s decision to press for Tsarnaev’s execution was widely expected. The twin blasts last April killed three people and wounded more than 260, and over half the 30 federal charges against Tsarnaev – including using a weapon of mass destruction to kill – carry a possible death sentence.

“The nature of the conduct at issue and the resultant harm compel this decision,” Holder said in a statement of just two terse and dispassionate sentences that instantly raised the stakes in one of the most wrenching criminal cases Boston has ever seen.

Tsarnaev has pleaded not guilty. No trial date has been set.

In a notice of intent filed in court, federal prosecutors in Boston listed factors they contend justify a sentence of death against Tsarnaev, who moved to the U.S. from Russia about a decade ago.

“Dzhokhar Tsarnaev received asylum from the United States; obtained citizenship and enjoyed the freedoms of a United States citizen; and then betrayed his allegiance to the United States by killing and maiming people in the United States,” read the notice filed by U.S. Attorney Carmen Ortiz.

Prosecutors also cited Tsarnaev’s “lack of remorse” and allegations that he killed an MIT police officer as well as an 8-year-old boy, a “particularly vulnerable” victim because of his age. They also said Tsarnaev committed the killings after “substantial planning and premeditation.”

In addition, they cited his alleged decision to target 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.”

Tsarnaev’s lawyers had no immediate comment.

In an interview with ABC, Tsarnaev’s mother, Zubeidat, who lives in Russia, said: “How can I feel about this? I feel nothing. I can tell you one thing, that I love my son. I will always feel proud of him. And I keep loving him.”

Prosecutors allege Tsarnaev, then 19, and his 26-year-old brother, ethnic Chechens from Russia, built and planted two pressure-cooker bombs near the finish line of the race to retaliate against the U.S. for its military actions in Muslim countries.

The older brother, Tamerlan Tsarnaev, died in a shootout with police during a getaway attempt days after the bombing. Dzhokhar Tsarnaev was wounded but escaped and was later captured hiding in a boat parked in a yard in a Boston suburb.

Authorities said he scrawled inside the boat such things as “The US Government is killing our innocent civilians” and “We Muslims are one body, you hurt one you hurt us all.”

Killed in the bombings were: Martin Richard, 8, of Boston; Krystle Campbell, 29, of Medford; and Lu Lingzi, 23, a Boston University graduate student from China. At least 16 others lost limbs. Tsarnaev is also charged in the slaying of the MIT officer and the carjacking of a motorist during the brothers’ getaway attempt.

Campbell’s grandmother, Lillian Campbell, said she isn’t sure she supports the death penalty but fears Tsarnaev will “end up living like a king” in prison.

“I think it’s the right decision to go after the death penalty,” said Marc Fucarile, who lost his right leg above the knee and suffered other severe injuries in the bombing. “It shows people that if you are going to terrorize our country, you are going to pay with your life.”

Amato DeLuca, a lawyer for Tamerlan Tsarnaev’s widow, said: “Whatever he’s alleged to have done, presumably he can pay for it with his life. Putting this boy to death doesn’t make any sense to me.”

Well before the attorney general’s decision came down, Tsarnaev’s defense team added Judy Clarke, one of the nation’s foremost death penalty specialists. The San Diego lawyer has negotiated plea agreements that saved the lives of such clients as the Unabomber and Olympic Park bomber Eric Rudolph.

Legal experts have said that court filings suggest the defense may try to save Tsarnaev’s life by arguing that he fell under the evil influence of his older brother.

“I think their focus … will probably be to characterize it as coercion, intimidation and just his will being overborne by the older brother,” said Gerry Leone, a former state and federal prosecutor in Boston who secured a conviction against shoe bomber Richard Reid.

“They’ll, say, talk about how he was a teenager, never been in trouble before, and in many respects, looks like the average United States college student.”

In addition to the use of a weapon of mass destruction, the crimes that carry the death penalty include: bombing of a place of public use resulting in death; possession and use of a firearm during a crime of violence resulting in death; and malicious destruction of property resulting in personal injury and death.

If a jury convicts Tsarnaev, it will then hold a second phase of the trial to determine his punishment.

Juries are asked to weigh aggravating factors cited by the government against mitigating factors raised by the defense in deciding whether a defendant should be executed. In Tsarnaev’s case, mitigating factors could include his young age and claims that he played a secondary role in the crime.

Massachusetts abolished its own death penalty in 1984, and repeated attempts to reinstate it have failed in the Legislature. A Boston Globe poll conducted in September found that 57 percent of those questioned favored a life sentence for Tsarnaev, while 33 percent supported the death penalty for him.

Jurors for federal cases tried in Boston are drawn from the Boston metropolitan area and eastern Massachusetts – a politically liberal region, but also the part of the state most directly affected by the tragedy.

Two other federal death penalty cases have been brought in Massachusetts. A former veterans hospital nurse who killed four patients by overdosing them was spared the death penalty by a jury. A man accused in the carjack killings of two Massachusetts men was sentenced to death in 2003, but the punishment was overturned and he is awaiting a new penalty trial.

Since the federal death penalty was reinstated in 1988, 70 death sentences have been imposed, but only three have been carried out, including the execution of Oklahoma City bomber Timothy McVeigh in 2001.

The last federal execution was in 2003, when Gulf War veteran Louis Jones Jr. was put to death for kidnapping 19-year-old Army Pvt. Tracie McBride from a Texas military base, raping her and beating her to death with a tire iron.

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | 1 comment

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • The MisterJanuary 31, 2014 - 6:36 am

    Seems pretty standard. That's what they did to McVeigh. The real perpetrators (emphasis on "traitor") don't want any loose ends. Oh... you didn't think that the Federal Building on Oklahoma City was blown up by fertilizer in a rental truck, did you? It had nothing to do with all the explosives in the building... many of which failed to explode and were whisked away by Federal Agents live on the local TV news. I can see McVeigh parking a truck in front of the building... I can't see how he would have planted dozens of explosives IN the building. I guess we'll never be able to ask him... given the fact that all the looses ends have been tied up.

    Reply | Report abusive comment
.

Solano News

 
Transplant recipients talk about their best gifts

By Amy Maginnis-Honey | From Page: A1 | Gallery

Solano unemployment inches downward

By Barry Eberling | From Page: A1, 1 Comment

 
Implementing Common Core: A work in progress

By Mayrene Bates | From Page: A2

 
Spering, Bertani spar over fighting crime

By Ryan McCarthy | From Page: A3, 5 Comments | Gallery

 
Fairfield council candidates weigh in on crime

By Ryan McCarthy | From Page: A3 | Gallery

Police release name of woman found dead in Fairfield canal

By Ryan McCarthy | From Page: A3 | Gallery

 
Jury acquits substitute teacher in child abuse case

By Jess Sullivan | From Page: A4

 
Five homes featured on Symphony Home Tour

By Amy Maginnis-Honey | From Page: A4

Congregation invites public to Easter music, message

By Amy Maginnis-Honey | From Page: A4

 
 
Local woman helps spread Easter joy

By Amy Maginnis-Honey | From Page: B12 | Gallery

Weather for April 19, 2014

By Daily Republic | From Page: B13

 
.

US / World

California farmers to get more water

By The Associated Press | From Page: A1

 
Teen sentenced in Oakland toddler’s killing

By The Associated Press | From Page: A4

More Latino than white students admitted to UC

By The Associated Press | From Page: A4

 
Mom and son who died in San Francisco fire ID’d

By The Associated Press | From Page: A5

3 alleged gang members convicted of murder

By The Associated Press | From Page: A5

 
Health care site flagged in Heartbleed review

By The Associated Press | From Page: A5

From Clinton to Obama, many parallels

By The Associated Press | From Page: A5

 
Study: Half of jailed NYC youths have brain injury

By The Associated Press | From Page: A5

PG&E to be arraigned in fatal pipeline blast

By The Associated Press | From Page: A5

 
Easter on 4/20, pot holy day; pastors reach out

By The Associated Press | From Page: A8

Colorado deaths stoke worries about pot edibles

By The Associated Press | From Page: A8

 
NASA’s moon-orbiting robot crashes down as planned

By The Associated Press | From Page: A8

Atheist national conference aims at Mormon church

By The Associated Press | From Page: A8

 
Sudden movement raises alarm in Wyoming slide area

By The Associated Press | From Page: A9

Some countries get Obama, but want his wife, too

By The Associated Press | From Page: A9

 
Man who avoided prison is overwhelmed by support

By The Associated Press | From Page: A9

Teen suspended for asking Miss America to prom

By The Associated Press | From Page: A9

 
White House updating online privacy policy

By The Associated Press | From Page: A9

SpaceX making Easter delivery of station supplies

By The Associated Press | From Page: A9

 
In Egypt, a corruption watchdog hit by backlash

By The Associated Press | From Page: A12

Military scales down, modifies Guam buildup plan

By The Associated Press | From Page: A13

 
Captain of sunken SKorean ferry arrested

By The Associated Press | From Page: A13

Avalanche sweeps down Everest, killing at least 12

By The Associated Press | From Page: A13

 
Diplomacy doesn’t move insurgents in Ukraine

By The Associated Press | From Page: A14

Magnitude-7.2 earthquake shakes Mexican capital

By The Associated Press | From Page: A14

 
57-nation OSCE plays key Ukraine monitoring role

By The Associated Press | From Page: A14

Ukraine crisis: The turning points

By The Associated Press | From Page: A14

 
.

Opinion

Time to fix a law the courts have mucked up

By Thomas Elias | From Page: A11

 
Editorial Cartoons for April 19, 2014

By Daily Republic Syndicated Content | From Page: A11

 
Here we go again in Sacramento

By Letter to the Editor | From Page: A11

Cheers, jeers for the week of April 13-19, 2014

By Daily Republic | From Page: A11

 
.

Living

Today in History for April 19, 2014

By The Associated Press | From Page: A2

 
Community Calendar: April 19, 2014

By Susan Hiland | From Page: A2

Seniors, it’s never too late to do something about your health

By Kathy Mitchell and Marcy Sugar | From Page: B7

 
Horoscopes for April 19, 2014

By Holiday Mathis | From Page: B7

.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B10

 
Prince reaches agreement with music label

By The Associated Press | From Page: B14

‘The Boondocks’ back for final ‘offensive’ season

By The Associated Press | From Page: B14

 
A nutty finale for ‘Scandal,’ TV’s craziest show

By The Associated Press | From Page: B14

Stratocaster still a favorite at 60

By The Associated Press | From Page: B14

 
.

Sports

Warriors and Clippers take dislike to playoffs

By The Associated Press | From Page: B1

 
Big innings lift Mustangs over Indians

By Paul Farmer | From Page: B1 | Gallery

Ross, Padres beat Cain and Giants 2-1

By The Associated Press | From Page: B1 | Gallery

 
A’s come out swinging to beat Astros 11-3

By The Associated Press | From Page: B1

Warriors to start O’Neal for Bogut vs. Clippers

By The Associated Press | From Page: B1

 
Hertl has impressive playoff debut for Sharks

By The Associated Press | From Page: B1

TNT’s Sager to miss NBA playoffs due to leukemia

By The Associated Press | From Page: B2

 
Nadal ousted by Ferrer in Monte Carlo quarters

By The Associated Press | From Page: B2 | Gallery

A’s lefty reliever Doolittle gets 5-year deal

By The Associated Press | From Page: B2 | Gallery

 
’40-and-up club’: Ageless Hopkins after more belts

By The Associated Press | From Page: B2

Jimenez shoots 65 to lead Greater Gwinnett field

By The Associated Press | From Page: B2

 
Solano scores in ninth for 2-1 BVC baseball win over Yuba

By Daily Republic staff | From Page: B2

Choi leads rain-delayed RBC Heritage

By The Associated Press | From Page: B2 | Gallery

 
NBA’s Silver wants age limit change, no rush on others

By The Associated Press | From Page: B2

NBA playoffs looking more wide-open than expected

By The Associated Press | From Page: B2

 
Source: Grizzlies’ G Calathes suspended for 20 games

By The Associated Press | From Page: B2

Avalanche sweeps down Everest, killing at least 12

By The Associated Press | From Page: B2

 
Mets trade 1B Ike Davis to Pirates

By The Associated Press | From Page: B2

.

Business

Judge says American can’t end retiree benefits yet

By The Associated Press | From Page: B10

 
Mazda recalls 109,000 older SUVs for rust problem

By The Associated Press | From Page: B10

5 features an Amazon phone might offer

By The Associated Press | From Page: B10

 
.

Obituaries

Sealwyn Shirley Brucefield Shepherd Malkiewicz

By Nancy Green | From Page: A4

 
.

Comics

Peanuts

By Daily Republic Syndicated Content | From Page: B6

 
Sally Forth

By Daily Republic Syndicated Content | From Page: B6

For Better or Worse

By Daily Republic Syndicated Content | From Page: B6

 
Beetle Bailey

By Daily Republic Syndicated Content | From Page: B6

Rose is Rose

By Daily Republic Syndicated Content | From Page: B6

 
B.C.

By Daily Republic Syndicated Content | From Page: B6

Baby Blues

By Daily Republic Syndicated Content | From Page: B6

 
Pickles

By Daily Republic Syndicated Content | From Page: B6

Baldo

By Daily Republic Syndicated Content | From Page: B6

 
Blondie

By Daily Republic Syndicated Content | From Page: B6

Dilbert

By Daily Republic Syndicated Content | From Page: B6

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: B6

Zits

By Daily Republic Syndicated Content | From Page: B6

 
Garfield

By Daily Republic Syndicated Content | From Page: B6

Frank and Ernest

By Daily Republic Syndicated Content | From Page: B6

 
Get Fuzzy

By Daily Republic Syndicated Content | From Page: B6

Word Sleuth

By Daily Republic Syndicated Content | From Page: B7

 
Sudoku

By Daily Republic Syndicated Content | From Page: B7

Bridge

By Daily Republic Syndicated Content | From Page: B7

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: B7

Crossword

By Daily Republic Syndicated Content | From Page: B7

 
.

Home Seller 04/19/14

Summerwood features 8 new homes in Suisun

By Daily Republic | From Page: HSR2

Real estate transactions for April 19, 2014

By Daily Republic | From Page: HSR3

Average US 30-year mortgage rate falls to 4.27 percent

By The Associated Press | From Page: HSR3