tv CNN Newsroom With Brooke Baldwin CNN April 8, 2015 11:00am-12:01pm PDT
not guilty. everybody is bracing for guilty on all counts. we'll see what happens. that's it from me. our coverage of the boston marathon trial continues. right now briannea keilar is standing by. brianna? we have breaking news to bring you out of boston to our viewers here in the u.s. and around the world. i'm brianna keilar. after 11.5 hours of deliberation the jury has reached a verdict in the boston marathon trial. 21-year-old dzhokhar tsarnaev faces 30 federal count, 17 that could carry the death penalty. we have live team coverage of this breaking news. we're going to begin with cnn national correspondent who has been following this trial. deb, catch us up. this is a key moment. >> it really is a key moment. there are a lot of survivors in the courtroom waiting to hear the verdict. we understand there are members
of law enforcement there as well. they were also affected by this tragedy that happened two years ago. it's a tense situation in the courtroom. i'm checking with colleagues that are there. in the last minute or so tsarnaev was not brought into the court yet. his lawyers are there. the prosecution is there. so he will enter. you have to wonder. he sat through 17 days of this trial effectively of evidence. it's gone on a little longer with jury selection. there were 17 days of testimony over the course of four weeks. prosecutors thought this case would go months. they thought this would be as long as six months. the key evidence was introduced in less than four weeks. right now it's interesting. there are 30 counts 17 of them make him death eligible. some are not as straightforward as you think including if he was the one brandishing the rue ger
in the killing of sean collier and one used in watertown neighborhood where a police officer almost bled to death. those are questions that stuck with the jury. for the most part the writing was pretty straightforward. the jury had to vote close to 1200 times. think of the number of counts sub categories, number of jurors and somebody that did the math. i think 11088 votes had to be made. they had a big job ahead of them. we're expecting to hear the results. the question they had, conspiracy, aiding and abetting. whether aiding and abetting were the same thing and whether conspiracy had to happen over the course of days or at the event. they were paying close attention to language of what was being said. we're moments a way from hearing
what they decided and maybe get a glimpse of conversations they had. >> the judge was able to give them plain spoken explanations of questions they had. deb, stay with us. we're going to look at this from all angles. i want to bring in ashley ban s bansfield. you have the defense admitting he did this. here we are two years after this happened almost two years. so the expectation is pretty much that he is going to be found guilty here. >> so yes, and here's what i like about this jury. they took over 11 hours to go through 30 pages. one cover page and one signature page. 32 pages total. i will show it to you as a jury form. the questions were simple brianna, yes or no guilty or
not guilty, questions his attorney had already answered. if i did this, i could in a matter of minutes. this is a conscientious jury clearly or they would not have taken the hours to comb through this jury form as long as it is and answer carefully every one of the questions. here's the other thing they did that makes them conscientious thus far. they sent out questions, help us on what it means to be conspiracy and help us to understand what it means when you really say aiding and abetting. his lawyer says he did it and tamerlan was put out as the ringleader ringleader. these were important to mark yes or no guilty or innocent. stick with us as we reach the verdict in the case of accused boston marathon bombing suspect dzhokhar tsarnaev. i want to bring this the panel. we have cnn legal analyst with
us attorney who was a member of the team for acquitted client casey anthony. these questions came out whether aiding and abetting are different things. the judge said this is a singular concept basically and the idea of conspiracy. having to do with one action in the course of the trial or a sequence of events in where did you think the jury was at? >> i thought the jury was paying attention to the trial and wanted to make sure he was guilty of every single count. this is a long guilty plea in the defense world. we know the client is guilty but trying to save his life. the jury wanted to make sure he was guilty of every single count and make sure they made the right situation.
this is a life and death situation for this man. >> starting yesterday, the jury went into hours of today. what does that tell you? you heard ashleigh tell you she could have complete had the questionnaire in a matter of minutes minutes. aiding and abetting question may suggest was he aiding his brother or abetting the conspiracy? was he helping the older brother or involved in the conspiracy? the question says we see a difference. the judge says there's no difference under the law. the defense team can then argue give me mercy because he was at the hand of his brother. >> is this what you think paul yes he played a supporting role
but didn't necessarily conceive of this entire plan? >> the suggestion is that maybe the defense did make end roads in this idea it was the brother's idea and brother pushed. one thing i put on the table. if you compare this to deliberations this other death cases, texas for instance. we did talking about the american sniper case. there was a texas case. dealt penalty was in play. two hour deliberation. this is a fairly lengthy deliberation given the fact the defense had conceded guilty on all counts. they're being very careful in debating each count. >> all right. i'm going to bring in jeffrey toobin. first i want to let you know we have reporting out of the courthouse in boston that the jury is brought into the courtroom. we know that this verdict we are about to hear it very soon. it will be rendered very soon the verdict in the case of the boston bombing. i want to bring in jeff toobin now. let's talk about this jeff.
tell us how this is going to play out. this key phase is certainly not the last phase of this case. >> well it could be the last if it was somehow an acquittal. i don't think anyone believes there's any chance he will be acquitted of these counts. on the assumption he's convicted of at least one of 17 death penalty counts there will be a move to a new trial. the same jury will begin -- will hear evidence on both sides. the prosecution will put on evidence of what's known as aggravateing factors and then the defense will put on evidence of so called mitigating factor factors that a argue against the death penalty. the jury will then deliberate again. there's a big difference between a deliberation in a guilt phase
and deliberation in a penalty phase as its known. here in the guilt phase, the jury has to be unanimous. in a penalty phase, even one vote against the death penalty means to death penalty. 11-1 or a death sentence means life sentence the. a penalty phase changes the dynamics somewhat. we will presumably begin in short order to move to a penalty phase. i think at that point the trial will begin in earnest. everyone has known he would be convicted. the real question has been and is will he get the death penalty? >> dzhokhar tsarnaev has a capable attorney in his corner. she's been in a number of other cases she's pulled out endings
you wouldn't have expected she would pull out. what do you think jeff she is going to put forward, assuming we move on to penalty phase as everyone is expecting we will? >> well i think it will be basically an elaboration of what she has put forth in the guilt phase which is that this young man who was 19 years old at the time of the bombing was manipulated, coerced, influenced forced in essence be by his older brother to become a part of a conspiracy that he acting on his own, would never have gotten involved in. to punish him with the death sentence would be unjust. i think the theme of the defense has been set which is blame tamerlan the older brother. whether the jury buys that is of course very much an open question. i don't know.
there is plenty of evidence to suggest that dzhokhar was in fact a willing, knowing, enthusiastic participant on his own. i think that's going to be the heart of the conflict we see in the penalty phase how much dzhokhar was influenced by his older brother tamerlan. >> all right, jeff stand by. we are a waiting this verdict in the marathon bombing case. we know the jury has been brought into the courtroom there in boston in indication this verdict will be rendered very soon. that's what we're waiting for. stick with us as we wait for that. i want to bring in joey jackson, one of our legal analysts to talk a little about what we are expecting. i do also want to remind our viewers that survivors and victims families will be speaking. we'll hear what they have to say after the key point in the can
case. you heard jeff talking about the mitigators and ago ra -- and aggravators. which do you think will win out? >> they have had the chance to hear all evidence evaluate the three things -- >> stand by just a minute. count one, and this is key. conspiracy to use a weapon of mass destruction resulting in death. this would make tsarnaev eligible for the death penalty. he has been found guilty. this is already going to the penalty phase. count two. this is use of a weapon of mass destruction resulting in death, aiding and abetting. this also makes him death penalty eligible. guilty on the second count. joey this may -- here we go.
count three. we're going to bring in deb as we go through these. possession and use of firearm in a crime resulting in death, aiding and abetting. guilty. let's bring in deb as we look at these counts. take us through these as they are popping up on the screen. >> count one count one, found guilty of using weapon of mass destruction that caused death. they did find that yes, he was involved. he intentionally -- >> that's related to the pressure bomb. number one. right? that would be the bomb tamerlan tsarnaev placed on the street. >> correct. count two. the pressure cooker bomb placed
relating to the dealt of crystal campbell. they're going through each count and how they relate to death. count three, also guilty. death penalty eligible. that relating to death of crystal a campbell. we are waiting for count four that has not been read yet. >> i think it's important -- it is just in. count four deb. >> count four. he is guilty. that means that that is the bomb he placed at the finish line and the jury found that it resulted in the death, one of two deaths. death of lindsey lu and martin richard. that he contributed to intentionally put that bomb there intending to kill people. that's count two. they're going through the first pressure cooker bomb and second bomb alternatively. so far on the top four counts all of them make him eligible
for death penalty. >> this is pretty interesting and significant when talking about counts one through three. these are talking about the pressure cooker bomb that his brother placed. i guess i would ondwonder deb the idea he was involved in that. this was a plan conspiracy that they had this plan to do this together. this may be something that gives us a little preview of where the jurors are, perhaps when talking about the dealt penalty phase. count five in now. let's talk about this. this is another firearms charge. it's in relation to the pressure cooker bomb. to the second one, the one dzhokhar tsarnaev placed. count six conspiracy to bomb a place of public use resulting in death. this is interesting because of the language about intent. i think we should mention. this elevates it to a terror
charge right deb? >> yeah. that's exactly right. that also is a death penalty eligible charge. right now he's found guilty of first six counts against him that implicates him in the deaths of two people he was standing next to but also the woman he's accused of killing, crystal campbell or his brother is accused of killing near the finish line. also the officer, sean collier who was murdered when the two brothers tried to make their escape out of boston. >> i want to let our viewers know we are going to go through all counts as they are coming in there the courthouse in boston. this count seven coming in. this has to do with the bombing of a place of public use resulting in death. that he was aiding and abetting. guilty as well. just to recap. so far, the counts that have come in the verdict has been rendered for seven counts so
far. all of them he is guilty. that is what the jury has found. some of these pertaining to the first pressure cooker bomb. some per attaining to second pressure cooker bomb. the use of firearms. hire in count six, it names all four of the victims, not just theed in the bombing at the boston marathon but also the killing of m.i.t. police officer sean collier. we are a waiting count eight. i want to bring in -- here's count eight, possession and use of firearm in a crime resulting in death, aiding and abetting. this has to do with the first pressure cooker bomb, this is the bomb not that dzhokhar placed at the infinish line but the bomb his brother placed. so far all eight counts guilty. >> many of them are death
penalty counts. we obviously know we'll be in the death penalty phase. there are 17 death penalty counts in the indictment. we have already hit a majority of those with guilty findings. >> i want to note we've been getting information from the courtroom. obviously we don't have a camera in there. it's intriguing to note from our eyes there in the courtroom that dzhokhar tsarnaev has not shown any emotion as the counts have come down. he has learned that he is indeed facing the death penalty. his hands have been clasped in front of him as the verdict is read. is that what you expect linda? >> yes. as a matter of fact you tell your client not to have emotion. you say he knows what consequences are, but we're going to talk on his behalf and try to let you give him the
mercy he didn't have. that's where we're heading. >> this moves to the next phase. this is where judy clark is going to be doing her work and trying to save him from the death penalty from getting death. how does she argue that and make the case to this jury? >> from the beginning i'm sure she has been working on mitigation. she has to put forward as much evidence as she can. i'm sure there will be experts to talk about his childhood, talk about influencing him. make everyone understand he was under the influence of his brother. that may be enough to not give him the dealt penalty. >> here we are count 10. possession and use of a firearm in a crime resulting in dealt aiding and abetting. this is the second pressure
cooker dzhokhar put near the finish line that killed the little boy martin richard and exchange student lindsey lu. let's talk about -- we now have ten counts coming in. all of them i believe death penalty eligible and all guilty. as this moves to the next phase linda, what someone at the time of this crime, 19 years old, college student of average intelligence. how does judy clark make this case? >> let me tell you. there's a question about his parents being militant. i would show this kid came to united states trying to escape that militantly. he went to school but could not escape the militantcy he was born with. ladies and gentlemen, you have to show something different than he showed. you escape the death penalty. put him in prison for life. >> at this point he's away at
college. he has the exposure to so many people who are not of a mind like this. >> not only that and i think we've just passed what i considered to be the most important count in the indictment the martin richard count. that's an 8-year-old child killed by this bomb. the maiming of children killing of children who were close to that bomb that's the thing that's going to resinate in favor of the death penalty. getting back to your question. a case like this -- judy clark, the defense attorney has such an uphill battle. number one, he's almost functions as an officer of a military organization attacking the united states the claim of course he's an islamic radical. that this is almost like an army like attack on civilians. the second thing, it was so well planned and callously plan sod that civilians would die and children would be maimed. all of this she has to get
around and convince the jury is not worthy of the death penalty. she's climbing mount everest in this case. >> she has her work cut out for her. let's recap what's happened so far. there are 30 counts. so far the verdicts for ten of them have been rendered. counts one through ten. these are key. they are death penalty charges meaning that as a he has been found guilty of all of them dzhokhar tsarnaev the boston bomber suspect now stands guilty of having committed these crimes before him. i want to bring in mark omara. you likely recognize him. he's a cnn legal analyst and also the attorney who represented george zimmerman in the trayvon martin case. you're watching this and watching these counts come down. i should mention we have new ones.
count 11 guilty count 12 guilty. count 11 has to do with killings of all four victims, three at the boston marathon as well as m.i.t. officer sean collier. count 13 now in guilty. count 12 has to do with the malicious destruction of property resulting in death aiding and abetting. this has to do with crystal campbell killed by the bomb that tamerlan tsarnaev placed there. guilty on count 13. this is a firearm count having to do with the first pressure cooker. count 14 guilty as well. 14 out of 14 guilty counts at this point. this has to do with manymalicious property destruction. this is the one dzhokhar tsarnaev personally put down at the boston marathon.
mark you're watching these come in. 14 of 14 guilty. what does this tell you about where the jury is as we move forward into the penalty phase? >> from the first day that judy clark had this case her only job, the battle she had, was to set herself up set her client up to convince at least one juror not to impose the death penalty. this was never a question of whether or not he would be found guilty of enough counts he face the death penalty. the whole point the defense attorney like mrs. clark had to do was maintain her own credibility. the jury would listen to her in the penalty phase. and to come up with evidence begin in the guilt phase as she has done. lay the frame work. call your client an adolescent. blame the dead brother for as much as you can. only because you have to get to at least one juror and say, knowing he's going to spend the rest of his life in jail can we
do something other than kill him as well is this. >> they're not going to find sympathy in the defendant. if you can get to the jury is and and is -- to the jury and say we have to be better than the attackers 19 years of age. it's always to convince one juror not to kill him. you've done the best you can. the only job is to avoid the dealt penalty-- the death penalty. this breaking news just in. dzhokhar tsarnaev is kurnltcurrently standing as the counts are read. 15 of 15 guilty so far. we're a waiting the verdict on the other 15 counts. this is significant. dzhokhar tsarnaev is going to be
eligible for the death penalty. count 16 now. 16 of 16 he has been found guilty. count 16 has to do with possession and use of firearm during a crime of violence resulting in death. this is pretty important because this has to do with the fact of brandishing and firing the ruger 9 mm semiautomatic that killed m.i.t. officer sean collier. this is one some said the jury may not be completely convinced of his role in the death of officer collier. >> agreed but with the overwhelming evidence everyone though the jury is not supposed to consider other evidence of each individual count, the juror will look at everything from the beginning. the planning execution, even the manifesto afterwards. he was in his own blood about to
be captured. not offer this defendant much sympathy at all. if it's a close call were you part of the scheme did you cause the officer's can death? i think they're going with the prosecution. they did in this case. i expect the next 13 or so to be guilty. i don't think the defense is worried about convictions. they're worried about the death penalty. >> we a wait the other 13. so far 17 of 17 guilty. before i bring in ashleigh banfield the final question to you. we'll go through aggravators and mitigators with ashleigh. judy clark, tsarnaev's lawyer will try to make this case he deserves sympathy. at the same time, isn't what he wanted -- some made the case if this is someone who is a true
jihadist he would have wanted to die in the case of this crime. in the process of this crime. he seemed to want to live. he drove away, tried to escape. very different actions than his brother tamerlan. do you think the jury looking at that may say, the death penalty is a fitting punishment for someone like this. >> there's no question if we look at this analytically this is a death penalty case. death penalty is appropriate sentence for somebody that did what they did to individuals our country, and the way they did it. judy clark's job is to try to do whatever she can to convince this jury we have to be better than what we would tomorrowly consider that vengeance we want to give retribution we want to give. what judy has done so far is plant seeds during the guilt phase. the idea of acknowledging responsibility is great. again, it's going to come back
the acceptance of responsibility. something a jury can consider in determining whether or not to impose the death penalty. everything she has done has gone towards the only battle to try to convince the jury. let's be better to him than he was to us and not kill him. >> okay. let's look. in a state like massachusetts there's resistance to the death penalty. it takes one juror after all. we have more counts in. count 18 19 20 guilty. count 21 guilty. some of these had to do with the firearm used in the killing, not only of m.i.t. officer sean collier but also serious injuring of officer don ho the transit cop that nearly bled to death. count 21 the robbery of the man driving the mercedes.
after 90 minutes with tamerlan and dzhokhar he managed to escape. i should mention ashleigh 17 of these 30 were death penalty eligible. they're all included in what we've seen. he's found guilty on 17 of 17 of death penalty eligible charges count can s count. cash ashleigh the key thing is mitigators and aggravators. a lot of people say what exactly is that? why does that matter so much? what a will be presented by both sides here? >> this is the work judy clark has cut out for her now that we know what the first 17 verdicts are regarding death penalty. here's the u.s. code title 18 part 2, chapter 2, page 28. sorry to get technical, but this
is. mitigators are things that could save his life. aggravators are things so awful that he needs to die. let me read out the ones in this case. in mitt grayigateoreors did he have the capacity to understand the conduct. was he under duress? did he have minor participation? were there equally culpable defendants in the crime? the brother. did he have a prior criminal record? in this case no he did not. number eight. other factors. this is basically an open basket to throw in anything in his background. did he have a good school record? was he nice? did he have lots of friends? did he go to school regularly or
have a job? they get to throw all these in the em compassing basket at the end. then come the aggravators. number one, the death during commission of another crime. this is complicated but effectively, death or injury resulting in death occurred during the commission or attempted commission of something revolveing around officer sean collier. use of weapons of mass destruction. those are firearm charges regarding the pressure cookers. previous conviction of felony involving a firearm. doesn't pertain to him. history of other serious offenses? doesn't refer to him. heinous, cruel, depraved manner of committing the offense. he blew apart a child and two other people and then
effectively according to this jury was come police sit in the killing of sean collier. vulnerability of the victim. martin richard was 8 years old. this lists out the victim was as a rule -- was vulnerable to age. multiple killings. i think we've got a that part clear. last one, use of firearm. firearm in this case. there are firearms and the pressure cooker in the eyes of the law which is a firearm. i need to re-emphasize they're not a wait game. it's a feeling you get as a juror. you i did clark has been employing mitigation specialists
to build up that giant basket of things that might save him. >> that will be key. a that is the only thing that might save him. we will see. i want to recap what we've seen happen so far. we've had new counts come in. a firearm count pertaining to the ruger, the gun used during the watertown carjacking and atm theft. the young man that spent 90 minutes with dzhokhar and tamer land tsarnaev. counts 23 and 24 25, 26, 27. we're a waiting three in the case. the now guilty boston marathon bomber. i want to bring in our panel. before i do i want to share some of the color we're getting from inside the courtroom. important to note since we cannot see it what is dzhokhar tsarnaev doing right now? he has been standing as the
counts are read one by one. his hands clasped in front of him. his head bowed. he had begun fidgeting as this got up to the counts in the 20s. he so far has not looked at the jury. quiet obviously the whole time. i want to bring in our panel. we have eric linda, paul. paul you heard ashleigh go through the mitigators. count 28 guilty. 28 of 28 guilty. mitigators are key, things jurors might say you know what i sympathize with him. he was pull along in this with his older brother tamerlan the master mind. all that pertain to him, you check check off. how does he have a shot? what can judy clark do do to pull sympathy strings of jurors?
>> she's not going to win on aggravateor aggravators. he hits all bad ones with multiple victims, helpless people people associated with the government. everything you can imagine, they have proven. she's got to shift back and say he came from a troubled home troubled childhood. he was dominated by a big brother he respected and was a committed idea og. he wasn't acting on his own but an agent of the older brother. remember we're in a jurisdiction here massachusetts, which doesn't recognize the death penalty. this is a federal case. that's why the death penalty is in play. in a state case acase the death penalty would not be on the table. people of massachusetts have said the death penalty is wrong, and we do not agree with it.
he's got these jurors that for any reason oppose the death penalty, that's who judy clark is playing to. maybe a juror who holds deep seeded views on that. this just in to cnn. breaking news here. this is the final count in the boston marathon case. count 30 dzhokhar tsarnaev guilty. that means the accused boston marathon bomber dzhokhar tsarnaev is the convicted boston marathon bomber. a reset for viewers out there as we've been watching all counts come in. conspiracy charges, weapons violations murder charges. let's bring in our panel to discuss this very important development here. so if you are -- and you represented -- you were on the
casey anthony team. what is judy clark going to say to get sympathy from jurors in the case now that dzhokhar tsarnaev is facing the death penalty? >> it's interesting. she doesn't want the jurors to feel like they did in the oklahoma city bombing case. this is kinds of what this is. she wants them to be more like 1920s, early death penalty cases. argued we take responsibility. we did it. we did all these horrible things to this child, but ladies and gentlemen -- then he went on for a day talking about mercy faith, redemption, youth. they don't have to agree with each other. it's a debate within the one person whether the mitigating factors justify saving his life. >> so in a way she's appealing
to humanity of the jurors right? she's saying you can punish him, give him life in prison. he'll never see the light of day. you don't need to kill him essentially. >> yes. that is all she has. her case was built to reach the humanity side of these jurors. just like what a paul said as well you only have to reach one. you only have to reach one. they knew that going into this trial that this was a case he was going to be found guilty. they wanted to save his life. when they put this evidence up and i'm sure they got a little hope when jurors asked about aiding and abetting. that may show them he may have been under the control of his brother which is one of the mitigateing factors he was not the master mind in this case. it may save his life. >> to remind our viewers as well. the lives we're talking about here sowdzhokhar tsarnaev is held
responsible for. kryst krystle campbell waiting to see the runners cross the finish line. martin richard. the bomb left close to him and his sister. lindsey lu an exchange student at the boston marathon there on patriot's day for what was an american experience to see this world class sporting event. she ended up losing her life this day. and sean collier, the m.i.t. police officer who never had a chance. he was shot point blank in the
shooting dzhokhar tsarnaev has been held responsible by a jury in boston. those are the faces we're talking about. a side from the four people killed by the tsarnaevs, also talking about 264 people who were also injured. many of them gravely. many lives have been changed forever as they've lost limbs and try to cope with the aftermath of what happened two years ago in boston. i want to bring in deb. we are expecting to hear from some of the families of people here who's lives were lost and also some of the victims who survived but bear the scars today. >> yes, that and the u.s. attorney that helped prosecute this case. look at the faces of the four killed in this devastating attack. sean collier, we saw images of him shot between the eyes.
lingzi lu her leg was sliced open. she bled out on the street. 8-year-old martin richard. these are the details, horror of what these four people and hundreds of others. 240 victims also injured. this is the horror of what this jury had to listen to as they sat through 17 days of testimony. it's very interesting, initially perhaps we thought there would be a surprise on one of the charges. clearly the jury realized the charges against dzhokhar tsarnaev the fact his lawyers said it was him, but keep an open mind. it was hard to go against any of the counts that he was facing. so he has been found guilty in the murders in connection of murders of krystle campbell at the finish line with a friend.
martin richard standing there with his family who was in court through the duration of this trial. his mom lost sight in one eye. his father lost hearing and an ear. the father heroically saving then 6-year-old daughter. lingzi lu wasn't supposed to be there that day. she was going to stay home and study, but a friend convinced her come out. they heard this testimony and clearly paid attention to this testimony. dzhokhar tsarnaev standing there listening, guilty guilty guilty guilty. not only to the 30 counts against him but also the sub counts as well. you have to wonder really what if anything he's thinking about what this means. again, you can't get into the head of somebody when they're listening to all of this. he seemed disengaged during the course of the trial.
sitting there watching him for move or reaction. there really wasn't any. so the jury likely saw that has likely watched him. they did. when they were looking at these -- the images of these people and how they died. i did see jurors looking up and looking in the direction of dzhokhar tsarnaev. it's not a very large courtroom. so it creates an intimate setting. the jurors are no more than 30 feet from the defense table where he's sitting. the witnesses who came to testify, less than ten feet from dzhokhar tsarnaev. it's almost this triangle you've got the jury looking at tsarnaev. tsarnaev looking at no one. witnesses trying to make eye contact with tsarnaev to see if anything registers. >> did anything register? did anything register as they were looking at him?
did they get sense of someone at all contrite? when did we see? we saw tsarnaev perk up a few times, but it didn't seem to be in remorse when you were hearing horrible details about what happened. >> that's exactly right. he did not really look over at the witnesses. one woman -- i remember her so distinctly. she had a beautiful striped dress on. hair was done light sweater. she was wheeled into the courtroom. the remainders of her legs sticking out. both had been amputated. those are the images people saw at the beginning of this trial. we are going to hear from more people there, people that did not testify in the guilt phase. that might include the mother of martin richard who's going to testify how she tried to save her son. how she tried to take his inners that had blown out and put them
back in his body. those are the things that try to resinate and stick with jurors. there are seven women, five men. they have been impacted by what they heard and what they saw. numerous times we saw them wipes tears from their face. when they looked at the body of the evidence when they looked at what was going on. the defense really only questioned a couple -- four of the witnesses really. it was on technical matters involving gps, cell phone data the content of texts and whether in fact they were jihadi propaganda or popular songs and lyrics had been taken. it was really -- you sit there day after day looking at one other and trying to gauge what's going on. it's a very emotional and very heavy time. that's the best way i can describe it.
the stakes for obviously tsarnaev but the witnesses and even the jury. they understand how serious this is. >> and it must weigh so much on jurors who have heard these details. i want to go to the courthouse in boston. alexandra field in the courtroom. dzhokhar tsarnaev guilty in 30 of 30 counts. you're giving us the first account from inside the courtroom. >> reporter: if ever you could feel tension inside a room it was inside that room. for a few minutes we sat there waiting for tsarnaev to come in. waiting for the jury to come in and return the verdict. it was absolutely silent except for people tapping away on keyboards. there was a lot of media in the room. there's been a tremendous amount of emotional testimony. there was almost no exhibit of
emotion after guilty after guilty after guilty was read. survivors, sitting in the second row of the courtroom, the richards listening to testimony about the horrific death of their 8-year-old son martin. they sat there and listened to 30 counts. this is the day we all imagine they have waited a long time for. so many have been waiting for justice, wanting for justice hearing the jury deliver the verdict they had hoped for. hearing the jury deliver the verdict so many contributed to with their testimony and recollections of that terrible day in boston and horrific week that followed. it was amazing to see the dignity, strength composure of people that sat in this room. their lives ripped apart that week. the man responsible of those acts not far from them.
they were not audible, no heaving, no crying. we saw people begin to wipe their eyes lower their heads from side to side. they would try to get a look at dzhokhar tsarnaev or the jury. there was no way to make eye contact. most of them looking straight ahead as each of the verdicts and counts were read out. dzhokhar tsarnaev giving us no more than what he has given the room for the course of the trial. no visible expression of emotion at all. at one point he seemed to turn and look at the jury ever so briefly. we've rarely seen him try to make eye contact with jurors. for the most part, he had hands fold inside of him. he looked at the desk in front of him. half way through the reading of counts he began to fidget rubbing his chin scratching the
back of his head. doing no more than that. after he was found guilty of 30 counts he got up and strolled out of the door he entered showing no emotion after hearing the word guilty 30 times. >> alexandra fields stay with us. we'll come back to you in a moment. i want to bring in the panel as we have the breaking news. dzhokhar tsarnaev now stands as the convicted boston marathon bomber. a jury in boston finding him guilty on 30 of 30 counts. he's eligible for the death penalty. this trial now goes to the penalty phase. i want to read first off early reaction we're getting from some of the family members who have been affected here. some of the victims who survived that day and bear the scars. from the heather abbott foundation. heather lost her leg below the knee during the bombing a couple years ago. she said thanks to everyone that reached out today and continued
to support me and the other bombing victims and families over the last two years. nothing can replace the lives that were lost or changed forever, but at least there's relief in knowing justice is served and responsibility will be taken. she says justice is served. listen to this statement we're getting from jeff a bombing victim there at the boston marathon. he says today's verdict will never replace the lives lost and so dramatically changed. it's a relief and one step closer to closure. one step. for someone like jeff this isn't enough. he wants to see more. many of these victims may want the death penalty. how much paul does that weigh on the jurors? will they hear what the victims want? >> well yes they will be able to hear the impact these crimes have had on the victims. i think we have to be careful here in understanding that some
of the victims -- remember there are over 200 victims of this. i'm betting some are death penalty opponents. it's not unusual to see that a rise. when it's a family member you change your opinion about it. so i think because of the location of the crime in massachusetts, there's still a possibility here this this could wind up as a life sentence not withstanding what the victims feel about it. >> what makes a juror support life in prison over the death penalty? >> it's a personal decision. we have a home in massachusetts. i have kids and grand kids in boston. this is a very difficult situation over there. it's also very catholic. the catholic church is opposed to the death penalty even though -- it will be interesting to know if judy clark -- even
though you're not supposed to pick the jury based on religion but was possibly able to feel whether people had reeligiouseligionus objections. maybe they say we'd do the death penalty. >> one of the strongest arguments that i've heard articulated even by people that support the death penalty here against it is as an islamic radical, he wanted to die. if you put him to death, you're giving him essentially what he wanted. putting him in the jail cell the rest of his life might be the true punishment. >> that's the argument. >> there's argument he didn't want to die. >> that's what prosecutors will say. >> that makes him a martyr if he dies for his cause. giving him the death penalty may be exactly what he wants. i died for my cause. he's going to claim he's islamic
radical, dying for his cause. that may be what he wants in this case. >> judy clark had that in the other bombing case. it's interesting how she'll handle that. >> can i ask you, seven women on the jury right? you think that maybe one of the ways that judy clark, dzhokhar tsarnaev's attorney might be able to appeal to them is bring out tsarnaev's mother to appeal as a mother. yet she's not someone who's going to convince this jury. she's someone who's been very outspoken, who feels her sons were set up. that's not a tool that judy clark has in her chest, right? >> that is right. she does not want to put up a witness who will help the prosecution. his mother might because she feels he's been set up. she's not going to be the type of person what makes up the guilty verdict.
>> on the other side when a jury hears a mother and says what chance can did this kid have with a mother like that? they've done focus groups on this. they know what is going to appeal to a jury and not going to. >> i'm sure that's involved in jury selection. >> absolutely. >> often times we focus on one or two jurors we think we can change. it takes one person to say i will not vote for death penalty. that would be on that person's conscious forever. >> let me give you flip side of martyr. a lot say put him to death because that's what he wants. others say put him in prison and mix with other people who are going to be released from prison is he going to create other terrorist threats in years? >> that's a fascinating point. >> that fascinating point could be made. >> he would never be in general population. he killed kids.
he wouldn't last 20 minutes in general population. >> i want to bring from cnn legal a analyst to talk about this. you've been watching this occasion as you've gone on over several weeks. so many difficult moments. it comes to this. dzhokhar tsarnaev guilty on all 30 counts. he could face the death penalty. moving forward as this jury -- we've heard the fact you may have jurors there in massachusetts who may feel that they're opposed to the death penalty. what will your expectations be as we move to the next phase? >> i've been hearing that a lot in the last few days. massachusetts is not a death penalty state. every state has a federal court, arguably every state is death penalty state. this jurory is no ordinary jury. they've been extensively asked,
if you had to give the death penalty as a punishment could you do it? i think we consider whatever the history of massachusetts has and more that this is a death penalty qualified jury that is expected if they feel the aggravating factors are there to order this defendant to death. >> stay with us. we are a waiting in the upper right hand corner of your screen. those are microphones. we a wait the family members of those killed at the boston marathon and also the survivors of the attack. remember, there were 264 victims that day. we will be right back in just a moment. ♪ ♪ the pursuit of healthier. it begins from the second we're born. after all, healthier doesn't happen all by itself. it needs to be earned... every day... from the smallest detail to the boldest leap.
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circle as a jury in boston renders a guilty verdict for dzhokhar tsarnaev surviving brother in the a attack. guilty on all 30 counts. 17 of them making him eligible for the death penalty. this important part of this trial concluding today. now this moves in to really perhaps an even more important phase, the penalty phase. we'll find out if dzhokhar tsarnaev is punished in life of prison with no parole or sentenced to death by a jury in boston. let's get to alexanderria