tv The Lead With Jake Tapper CNN May 15, 2015 1:00pm-2:01pm PDT
legs. my mother and i think now he will go away and we will be able to move on. sydney corcoran a survivor. i'm brooke baldwin, thank you for being with me here on cnn. stay right here. special live coverage continues with jake tapper, "the lead" starts now. welcome to our viewers in the u.s. and around the world. i'm jake tapper. this is "the lead." we're continuing our breaking news coverage. he has been sentenced to die. convicted boston bomber dzhokhar tsarnaev meets his death by lethal injection actions that killed four people. martin richard, age 8, krystle campbell lingzi lu and sean collier, police officer. and injured 62 others on that horrible day two years ago and 1 month ago. the jury weighed its decision a day and a half before reaching a verdict and the world waited another 19 minutes after the jury started reading to find out that the convicted terrorist who
maimed so many people, such as heather abbott jeff bowman so many others that that terrorist killer who paralyze add great american city would die for his crimes. let's get right to cnn's deb fashg, fashg feyerick what was the reaction in the courtroom? >> reporter: start first of all with some of the victims and their relatives, the survivors. some of them did dab tears as the verdict, as the sentence was read in which dzhokhar tsarnaev will receive death for the crimes he committed at the boston marathon. the jury they looked straight ahead. they did not look at dzhokhar tsarnaev while that sentence was read. dzhokhar tsarnaev meantime he really looked forward in the court. he didn't look towards the jury though every now and again he seemed to sort of tilt his head looking at them. he was looking mostly at his
lawyer because the jury what they did is they broke down the capital counts. so instead of finding that the government had proven beyond a reasonable doubt all the capital counts and the factors they had to consider they really sort of sectioned them off so there were some counts for which he was sentenced to death, but not all. so they really gave it a lot of thought. but death, when the courtroom heard "death," there was nothing audible. in was a heavy silence. that's the best way i can describe it. you had the u.s. attorney who was in there. you had the head of boston's fbi. the chief of watertown, in that court virtually every day, and everyone sat in almost this stunned silence, when the death sentence was read jake. >> and, deb, you note there were a number of counts almost 20 and the jury only voted to convict, or i'm sorry, to sentence dzhokhar tsarnaev to death over some of them. if i'm looking at the numbers
right here it's count 4, 5, 9, 10 14 15, all of those charges have to do with using a weapon of mass destruction. which is of course pressure cooker bomb 2, that ended up killing lingzi lu martin richard and others. i might be wrong, far from a lawyer. seemed he's going to death because he himself put that bomb that pressure cooker bomb on that location and that is what he is going to be sentenced to death for, not for the other crimes surrounding this terrorist attack. am i right? >> reporter: that's right. they were very very specific on the counts to which they centerensed him to death. so -- and that also sort of jumped out at everybody in the court, because the prosecution had said look, these brothers were partners in crimes. they were collaborators. what one did the other did. the fact they were able to isolate it and hold him accountable for the weapon of mass destruction at the forum
restaurant. the bomb that killed martin richard, killed lingzi lu they also found that he was involved in the death of krystle campbell and officer sean collier, but for the most part it appears at first glance that yeah that's exactly what they did. they were able to isolate those capital counts that they thought he should be put to death for, jake. >> and martin richard's family martin richard, the 8-year-old the innocent young boy so brutally murdered by the tsarnaevs that day, his family made it clear, i believe, deb, they did not support the death penalty, that was not something they were seeking. what was their reaction in the courtroom today? >> reporter: so interesting you mention that jake because they did. they wrote and op-ed basically saying no. send him to life in prison. we don't want to hear his name ever again. you put him to death, the process is dragged out, updates on the status filings, what they decide to do but they were
sitting in court as probably 20 feet away from them and i looked over and bill richard was sort of leaning forward. he had his elbows on his knees. his chin cupped in his hand and he just looked stoic that's the only sort of description i can give even his mother denise didn't seem to flinch or sheds a faerp this was the sentencing phase, not the guilt phase. they've been through a roller coaster of emotion ever since think lir boy died and they will left to pick up pieces. no visible reaction from them and usually in courts jake as you know somebody will sort of will scream out. wll say something. you know they'll just voice an opinion. the judge's clerk made it very clear, anybody who did that would be held in contempt. there was none of that. it was just people listening to what the jury found, but also trying to make sense of all of the numbers. you know you had reporters who will been in that courtroom going over the 24-page sheet,
two and a half days what they would tweet out, figure it out and even faces with the precision of the jury's response it was difficult to really kind of figure out specifically what counts they were considering and what counts they weren't. so this was a very sharp jury by all accounts because they were able to go through everything that was in front of them section it off, and do applicable counts as to what should be death and what should be life and even if you did receive life on the other counts, it didn't matter. all you needed death on one of the counts. unanimous death on one of the counts that trumps everything. >> deb feyerick thanks so much. keel come back to you. the talk of the decision thank you for being with us. jeffrey toobin start with you. are you surprised at all by the sentence of death? >> i'm not. but it's also true this could have gone either way.
this is a community that by american standards is unusually opposed to the death penalty. opinion polls in both boston and and -- in the massachusetts area show considerable opposition in general to the death penalty, and to the death penalty for tsarnaev. so even though the crime was so monstrous and well-known in massachusetts, there was a lot of community opposition to the death penalty, but, look -- the monstrousness of this crime cannot be overstated. the evil. the horror. the -- the what was imposed on these individuals in the community is so unspeakable that given a jury the chance to impose the maximum penalty, it is not surprising that they -- that they imposed it. so i don't think this was a likely result either way, but it's certainly not a surprising
one either. >> and jean let me ask you, jean casarez, despite all the opposition to the death penalty in boston and massachusetts, correct me if i'm wrong, but you couldn't be on this jury if you opposed the death penalty, right? you wouldn't have been admitted as a juror? >> no question. called a qualified jury. in the midst of the commonwealth without a death penalty this jury said they could impose the death penalty. remember it's not finished now. there will be a sentencing hearing. this jury has said it is our decision unanimously, that he die, but the judge will impose the formal sentencing. this 24-page verdict form that deb feyerick was talking about it was so sophisticated and really like a flow chart, but they started going through it pretty quickly, and you saw that in the statutory aggravating factors, those are reasons why you could impose the death penalty. a lot of points were unanimous, but the mitigating factors i started to see the state of mind
of the jury and just as jeff said it's only one jury that's necessary to make it notnan- unanimous unanimous, and that he was particularly susceptible to that brother's influence you started seeing the jury believed he was his own person that he acted on his own, and it was shortly after that that we saw on those counts five counts i believe, the jury said we believe death is warranted here. >> and jeffrey, to go through the counts on which he was sentenced to death, they all seemed to revolve around using a weapon of mass destruction, pressure cooker bomb number two, which resulted in the deaths of lingzi lu and martin richard. so even if there were jurors three jurors who thought that dzhokhar tsarnaev was under the influence of his brother, on this count when he walked down the street and put that backpack
with the pressure cooker bomb inside it right behind that 8-year-old boy and the crowd, the richard family and others even those three jurors that well he did that on his own. >> that's right, and it's a pretty sophisticated reading of the evidence, i think, and likely i think, something that will help the government to sustain this verdict on appeal. this sometimes, jurors simply throw the book. we don't want to hear the evidence. we're going to find anything we can against this defendant, we're going to do that. this jury obviously made a very careful study of the evidence. for example, they did not sentence him to death in connection with the murder of officer collier. as horrible as that is. that is not why this death sentence imposed. it was imposed for the very specific reason that dzhokhar tsarnaev on his own without anyone standing over him, put that bomb near the finish line and had -- and then it went off.
so look this is going to be a very long appeals process. timothy mcveigh was convicted in 1997 and he wasn't executed until 2001. i think that's the kind of length of time we're looking at at the fastest. >> do you agree with jeffrey, jean the appeals process might last as long as four years? >> it's an automatic rite of appeal. they'll string it out as long as they can that's part of the process. even if he'd gotten life in prison it doesn't mean they're not going to appeal it. the defense would have appealed it. it's not an automatic right. either way the defense attorney is going to try to get the case overturned or the death verdict overturned. >> jake if i can add one thing to talk about the time horanarrizon here. 62 people are on death row. only three executions since 1988
when the death penalty came back into federal court. so people have been waiting a lot longer than four years. four years for timothy mcveigh was actually pretty fast by federal death penalty standards. so one of the arguments actually judy clarke made in defense of tsarnaev is if you sentence him to life in prison he will go to prison and be forgotten about and there would effectively be no more proceedings. now, she was correct to say, there will be years and years of litigation over this death sentence. >> let me bring in susan candiotti, an expert of sorts on the mcveigh execution. susan, we're talking about that just because as jeffrey aptly points out it is not easy even after a death sentence as been imposed to have that actually carried out in federal court, with it taking four years for mcveigh and much longer for other people. only three individuals having been executed by the federal
government since the death penalty was brought back in 1988. what happened with the mcveigh case? what parallels do you see that might be drawn here with the tsarnaev case? >> reporter: jeff is absolutely right. four years was considered at the time a very short length of time to go through the appeals process in a federal case like this. many thought that appeals process would drag on for years. while four years is a long period of time it's not as long as many thought it would be before finally he was brought to terre haute, indiana for the execution. it's important to remember that in the meantime it is very likely just like timothy mcveigh tsarnaev will be brought to the supermax prison in in colorado to wait out the appeals process. so his conditions will be very restricted during that period of time. and it was actually during that period of time that timothy mcveigh granted a full-out
interview to two reporters from the "buffalo news" who wrote an extensive study about what he had to say about what took place, aened enedand beyond that jake a lot of parallels between the two. both timothy mcveigh and tsarnaev showing absolutely no signs of remorse. that obviously can play on a jury's mind. both of them did not take the stand. both of them had a big beef against the government. mcveigh going back to ruby ridge and what happened at waco. tsarnaev making his feelings known, certainly at the very least by his writings on the side of that boat and as i think deborah, or jeffrey, pointed out, dropping that knapsack with the pressure cooker bomb, choosing to drop that behind martin richard, before that bomb was set off. so a lot of parallels between these two cases, and both juries finding for the death penalty. >> if you're just joining us we're discussing the fact that a
jury has found dzhokhar tsarnaev not just guilty but have sentenced him to death in six of the counts because prompted by the terrorist attack on april 15th, two years ago. so two years and one month ago. i want to go to deb feyerick inside the courtroom, and deb, you've had more time to digest the directions to the jury and the counts on which they convicted him and sentenced him to death. why, do you think, the jury convicted him of these six counts and not the others? >> reporter: i think probably because of his proximity to the bomb. because of the fact he was the one responsible for dropping the second pressure cooker bomb outside of the forum restaurant. the count four as you mentioned, there are six counts. he was found guilty of six counts. rather than sort of enumerate them, use of weapon of mass destruction resulting in the deaths of lingzi lu and martin richard, death, unanimous. count five possession of a firearm. pressure cooker bomb resulted in
the deaths of lingzi lu and martin richard, unanimous, death. count nine bombing a public place resulting in the same deaths. unanimous, death. but in all of these three counts it doesn't refer to the death of sean collier, nor does it refer to the death of krystle campbell who was near the finish line and that's where tamerlan the older brother, dropped his bomb and it's very very interesting, because, you know we're trying to get a sense of whether any of the jurors bought the arguments made by the defense that if not for tamerlan none of this would have happened. it appears at least three jurors don't know which, don't know if they were the same at least three jurors believed that yes, if it were not for tamerlan this would not have happened that dzhokhar the younger brother, was susceptible to his brother, his personality and everything else about him and also it was done under tamerlan's influence. three jurors absolutely finding, yes, those mitigating factors
existed, and even though they found that his teachers still care for him, that his aunts and his relatives, they still love him and that a lack of parenting likely contributed to this at least two of the jurors found that those mitigating circumstances were simply not enough to sway them away from the death penalty, because of the nature of the crime. because of this act of terror on u.s. soil using a weapon of mass destruction to knowingly kill people and they also found that he absolutely picked the boston marathon because it's so symbolic because of who would be there. you know families parents, children couples. people on a day off. so it almost made the choice of target even that much more sort of horrifying because those people there were sort of innocents. it wasn't a government building. it wasn't sort of -- you know some official residence -- excuse me -- sorry. a little jumpy here.
it wasn't some sort of an official residence but a marathon. a marathon would people would be out having fun. we can tell you there is is a heavy police presence here. a dog sniffing the perimeter. boston police department is here. absolutely there are eyes even in the boston harbor of the defense attorneys, i want to tell you, jake did come out. the first ones out of the courtroom. before they came out, though they followed dzhokhar tsarnaev into the back which is where there's a holding cell. where they meet him usually before court begins, and they did have a couple of moments to speak with him. they were the first ones out of the back of this court, and when people asked them what's your reaction, are you going to appeal? they looked very upset and they said nothing. so we have no sense of what their thinking is but they truly believed you saw that in court. you saw it in the passion in which they argued for the jury to spare his life. you really saw ta they believed
dzhokhar tsarnaev was worth saving. the jury thought otherwise, jake. >> and if you're just joining us we're waiting for attorneys and family members to come to the microforeigns to micro microphones to talk about their reaction to the jury sentencing of death to dzhokhar tsarnaev. kevin colin is joining us now, i believe he's there. oh on the phone. kevin colin, you were in the courtroom. tell us your reaction. we saw a courtroom sketch a second ago on our screen of dzhokhar tsarnaev hearing the sentencing the decision by the jury. what were your impressions? >> well the thing that was striking i was sitting next to where the vick ims are sitting and turned and looked the richards whose son was murdered they were dry eyed and had kim out quite publicly against the idea of a death
penalty, thought would begin an endless stream of appeals that would not allow their family to move forward. in some respects the wheel city of boston. the whole city of boston and the couple whose two sons lost legs and liz was publicly in favor saying he deserved the death penalty for what he did, and liz was in tears. so captured these two ranges of emotion in a time like this and maybe not what you would expect but a very emotional moment i think, particularly for the folks like liz norden who live with this loss ef day. but i'll tell you, as usual, dzhokhar tsarnaev showed nothing. he just stared forward. >> you were in the courtroom, kevin. i heard dzhokhar tsarnaev yesterday at a time the jury was not in the room dzhokhar was laughing about something? >> oh yeah. he was very loose throughout this whole, the penalty phase, to be honest. i mean there's a different
dzhokhar tsarnaev. when the jury comes in he's a poker face showing nothing, but before when the jury -- before the jury enters the courtroom he would generally be having sort of jovial jocular conversations with his lawyers, and i never understood that. the idea and you know one thing that struck me jake listening to the jury verdict sheet read out by the clerk, you know, there are only two of those jurors who believed he had any remorse for what he did. so ten of them didn't believe that at all, and you know i said this the other day, which is the famous anti-death penalty campaigner from "dead man walking" went up there and testified they had shown remorse when she met with him. the jury had to trust a nun or trust their eyes and every day watched this guy walk into court, and show absolutely no emotion, when people stood ten feet away in the witness box and
talk and losing their loved ones or losing their limbs and there was just nothing there. until we talk to the jurors we won't know how much that play add role in this but -- you know i have to believe it did. i mean we all, we here who attended this trial every day we saw the same person they did, and it was just so hard to fathom his inxrutscrutability played a role. >> and i don't need to tell you a rather liberal, progressive state, the death penalty is not supported. this, of course, is a federal case and so there is death penalty. >> right. >> in federal court. to be on this jury you had to not have an opinion about the death penalty. had you to be willing to dearcarry it out, if that's where the facts took you, but polls indicate it's not just martin richard's patients who didn't support the death penalty.
that many people, the majority i believe in boston and massachusetts oppose the death penalty. tell us more about that dynamic, if you would. >> i mean the polls consistently showed jake that this region has the highest opposition to the death penalty in the united states. talking generally polls show anywhere from 60 to 70 depending on the way the question is framed in opposition to the death penalty. what was more striking is my newspaper "the boston globe" did polling and found only 20% in massachusetts supported the death penalty to dzhokhar tsarnaev and only 15% of people who live in the city of boston did. that's incredible. remarkable. so you say, wait a minute. does that mean this jury is not representative of this region or this district? the eastern district of massachusetts? well, they never were to begin with because they had to express, you know, a willingness to impose the death penalty to get on the jury in the first place. 's in that respect, you know they wouldn't be totally representative.
but i've got to say, you know, if you sat through this evidence every day, and you listened to -- i must say that there was stuff said here in this courthouse that there was never really in the public domain. there were videos taken on the sidewalk after the bomb went off outside marathon sports and after the bomb went off outside the forum sfraurntrestaurant and it was grotesque, and this jury was exposed to this when the general public was not. this jury actually saw photographs, autopsy photographs, that none of us saw. only they saw it. so you know it's very hard for us to place ourselves in their shoes, because they saw evidence that no one else saw. they lived with this all of these -- beginning with the jury selection process, these people have been living with this for five months. so it -- you know i know people will second-guess the jury particularly people in this region in this area where the opposition to the death penalty
is so intense, but you know it's hard to put yourself in their place unless you actually are in their place in that courtroom day after day. >> kevin colin, as always so great to have you on the show. thank you so much for your observations. jeffrey toobin i want to bring you back. jean was mentioning a second ago, in sis really something of a recommendation to the judge. right? this is what the jury thinks should be done the death penalty. does this mean now the next step is the judge la to either accept the recommendation or overrule it? is that the next step? >> technically that's true. but that's basically a formality. there is close to no chance that this federal trial judge will reject the jury's sentence. however, the appeals process will be lengthy and serious and there is one issue in particular that i think offers tsarnaev the best chance on appeal and that's the issue of venue.
where this was tried. you know the question of whether he could get a fair trial in boston was -- was not only fought out at the district court but that was appealed before trial, which is very unusual and even more unusual, it was a vote of 2-1 so a very close vote in the appeals court to keep the trial in boston. we've been talking about the mcveigh trial, which has, as we discussed many parallels. here's a very important difference between the oklahoma city bombing case and the tsarnaev trial. in the oklahoma city case there was a change of venue. the defense and prosecution agreed to move the trial to denver, and that'skovg covered the trial and many covered the trial. here the trial was kept in boston and the defense has argued throughout this process and certainly will argue on appeal that it was impossible
for him 20to get a fair trial in boston even with the polls that show substantial opposition to the death penalty. so i'm certain as the many years of appeals begin, the issue of whether this could be a fair trial in boston will be front and center throughout. >> victims, people maimed in the bombings now reacting to the death sentence on twitter. sydney corcoran suffered shrapnel wounds and her mom lost both her legs my mother and i now think he will go away and we will be able to move on. justice. in his own words, an eye for an eye. adrian haslett, a dancer who lost her leg when the bombs went off writing this -- "my heart is with our entire survivor community. i am thrilled with the verdict #boft. strong #bostonsafer." any minute we could hear from the prosecutors in the case and expecting to flare victims of that brutal terrorist attack two years and one month ago.
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and zero percent apr financing... visit mattress firm, america's number one tempur-pedic retailer. welcome back to our coverage of the decision by a jury in boston to sentence dzhokhar tsarnaev to death. you're looking at the defense team for dzhokhar tsarnaev the convicted boston bomber terrorist, including judy clarke her in the front. defended ted ka zinsczynski in the past. not taking questions or reacting to the jury's decision. welcome back to "the lead." i'm jake tapper. continuing breaking news coverage the convicted terrorist whom a jury found guilty today of killing four people. those four krystle campbell martin richard, age 8, lingzi lu sean collier, one person was 89 other three in their 89 -- 8, others in their 20s
including a police officer and u.s. issens others wounded in the horrific attack that was two years and one month ago. at any moment we expect to see prosecutors walking up to these microphones you see on your screen outside the boston federal courthouse. go to deb feyerick now. the defense team obviously disappointed had put all emphasis on the sentencing phase and not on won't he was guilty. they basically conceded he was guilty. >> reporter: exactly right. i was there when judy clarke basically pointed back to her client and said it was him. and also asked the jury to keep an open mind and she would explain to hopefully sentence him to life in prison clearly they did not. you talk about the defense, and while this verdict was being read, and all the different factors were being gone through, mirror yum conrad miriam conrad harks been there, shown some sort of kindness to
him during the whole proceeding was furiously writing on a legal pad each time one of the sentences was read and the findings of the jury was read. so whether that suggests they plan to appeal but, boy, she was looking and -- i guess the way to characterize it jake is nobody quite knew what to feel in that court, and somebody just texted me very much that said it's over but i don't know what i want to happen. so whether they decide to appeal but they really didn't buy the tsarnaev defense team's argument that, in fact, this was all tamerlan that, in fact, if tamerlan had never been born this may never have happened. possibly it wouldn't have happened but they bought the prosecution's argument. they accepted it, in fact, these two brothers conspired to set off a weapon of mass destruction, two of them at the boston marathon, that they deliberately picked the boston
marathon and interesting, because when asked whether they felt he was remorseful only two of the jurors said yes. they felt there was some remorse there. now, i want to talk about his demeanor in court because the judge was clear with the jury telling the jury, look, do not take his failure to testify, do not take his demeanor you know as any sort of evidence and, in fact at the end of the trial, once the jury was out, they thanked dzhokhar tsarnaev. the judge thanked dzhokhar tsarnaev for the propriety he showed in the courtroom. the respect that he showed in that courtroom. the judge was very aware. i've been speaking to a number of people about this judge and they all think he's a fair man, really held a tight ship that he did what he was supposed to do but during the whole course you always see the defense taking different notes as to whether they're going to appeal or not, and it was interesting to see david brooke also say he wanted
the jury polled. he wanted to make sure that each of those jurors was comfortable in rendering the decision that dzhokhar tsarnaev should be sentenced to death, because we heard it was unanimous that david brooke wanted to make sure that each and every one of them could take responsibility for the sentence they had now imposed. >> deb feyerick thank you so much. i want to bring in our legal team just to remind you we're awaiting federal prosecutors and possibly also family members of the victims, if not victims themselves, who suffered wounds on that horrific day, april 15th, two years ago to come out and react to the decision by the jury to sentence dzhokhar tsarnaev to death. let's check in with our legal team though, jean casarez, paul cowen, jeffrey toobin also join me. paul bring you in. i'm looking at this questionnaire, this form for the
jury in terms of what the charges are, the gateway factors, et cetera. there is a section that deb feyerick referred to a few times about mitigating factors. these are reasons why dzhokhar tsarnaev could be not sentenced to death. they have to deal with the fact he was 19 at the time of offenses no prior history of violent behavior. deb has said that two of the jurors thought he did feel remorse, and three of them felt he was under the influence of his older brother. what is the practical application of mitigating factors when the jury is pommed on these issues? >> well it's an interesting way they set it up because the opening questions, the aggravating factors, were essentially, you have to commit the aggravating offenses in order to even qualify for the death penalty. but then what they do is under the mitigation section, is essentially they're listing all the defense argumentses as to
why it would not be right to give him the death penalty. but none of them are mandatory. in other words, all 12 could agree that he showed remorse, and they could still give him the death penalty. so what it really is is the court giving them a clear outline of what the defense contention is as to why he should not be given the death penalty and allowing them to check off various factors, which then would become part of a larger discussion in the jury room about whether this case is an appropriate case for the death penalty, and obviously, when that discussion was over even those jurors who thought that he demonstrated some remorse concluded in the end he deserved the death penalty. >> and, jean casarez, in past cases like this those mitigating factors have resulted in a jury deciding that the individual should not be put to death? >> exactly right, because it's a balancing test. once they get the aggravating factors and the mitigating factors they have to balance it
out. i think that's where the defense thought they had an edge. here's how important the penalty phase was to the defense in this case. they produced 63 witnesses in 13 days and judy clarke has really made a reputation for keeping people off death row and i think in the closing argument she went out on a limb because she said go ahead and check off, did he intentionally commit the crimes. go on and check off he premeditated the crime, but he does not deserve the death penalty. this is not the worst of the worst, and the jury obviously did not go along with that. >> jeff toobin one of the things i think jean cited in the testimony, one of the very moving moments, important moments, came when it was described, the message, that dzhokhar tsarnaev had written while he was hiding in that boat in which he expressed very clearly no remorse for what he did.
>> i think that is an enormously important piece of evidence in this case because, remember the chronology. by that point, tamerlan tsarnaev is dead. he's been run over by a car, the confrontation in watertown, it's over and dzhokhar tsarnaev is on his own. he could have surrendered. he could have expressed some sort of fear remorse. instead, he finds this boat to hide in and while he's there, on his own, he writes about how he was avenging the deaths of muslims. he expresses pride in what they did. so, you know the core argument the defense made and i don't blame them for making this argument. i think it's the only argument they had, was that dzhokhar tsarnaev was manipulated by his evil older brother, but the writing in the boat is such an
important representation of that because he was on his own and he was not compelled to write that and that's that was just a very powerful piece of evidence in this case for the prosecution. >> unremorseful and also offering something of a motive this islamic extremism. this jihady ideology. coming up we're still waiting for the news conference from the u.s. attorney in boston. we'll go to that live. sass as soon as it starts. victims expected to speak and word national transportation safety board investigators met with the engineer of the amtrak train, we've just learned, leaving eight passengers dead earlier in philadelphia. much more on that. a quick break and be right back.
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welcome back to "the lead." new details raising new questions about the deadly derailment killing eight and injured more than 200. the national transportation safety board says preliminary data shows amtrak 188 was trucking along already at 70 miles per hour when it skellexceler airted into the curve that launched off the rails. now getting word ntsb investigators have, in fact, interviewered the engineer. the train. right no cnn rene marsh. what can you tell us she's live. >> reporter: i can tell you, jake the ntsb was supposed to be holding at this moment their final press briefing. however, that's not happening right now because investigators as we speak are interviewing not only the train's engineer, but two aprilssistant conductors. that's happening right now gathering all the facts from those individuals and once they
have all that information they will share that with us at this press briefing. this is critical for investigators, because for the first time they are getting a face-to-face with amtrak's crew. it's a critical point in the investigation. brandon bostian telling the ntsb his account of tuesday's deadly derailment. the ntsb says the train accelerating approaching a sharp curve in the track. data from the train's video camera shows 65 seconds before the crash, the train was moving at 70 miles per hour. 22 seconds later, more than 80. then 90. before exceeding to 100 miles per hour. the brakes heard as it approached the curve. >> mere seconds into the turn we could see the train tilting -- approximately 10 degrees to the right. and then the recording went blank. >> reporter: according to
friends, bostian has a passion for trains and was a train safety advocate. following a deadly 2008 metro link crash in california blamed on an engineer distracted by text messages a post on a train enthusiast website believed to be from bostian read -- "that's why it shouldn't take an act of congress to get industry to adopt common sense safety systems on their own." bostian, apparently an advocate for safety technology that could have prevented his own crash. meantime we're hearing from emergency crews who helped pull people from the wreckage. >> i saw a lot of people injured. a lot of head wounds. a lot of -- arm injuries leg injuries. >> reporter: officer daniel causeme seen on the far left was one of the first to arrive after 911 calls flooded in. >> the guy, he was laying on the floor holding his leg. he had a broken leg a broken ankle.
grabbed each others hands to make a chair to sit down and then we carried him through the whole way. >> reporter: first time hearing from some of those first responders there who were on the scene. again, just a reset, jake we are outside of the building where the ntsb will hold its final press briefing but at this point it is delayed, because as we speak they are speaking to the crew of that train that derailed. one other point, jake we did find a press release from amtrak dated 2010 in which they talked about how they would aggressively install ptcs, positive train control, on all of their tracks in the northeast corridor by the end of 2012. well we know that did not happen. it is now 2015. we reached out to amtrak to find out what caused the delay. back to you, jake. >> rene marsh in philadelphia. thanks. going back to our breaking
news dzhokhar tsarnaev sentenced to die. right out in we arenow waiting to hear from the attorneys, also from victims maimed injured in the boston bombings. they are expected to speak as well as soon as they step to the microphones we'll bring that to you live. bring back our legal team now as well as reporter deb faireyerickfeyerick jeffrey toobin paul callan. what was your reaction to the sentencing today? were you surprised at all? >> i was surprised, because it's of course a massachusetts jury, and we know statistically that they're opposed most general lip to the death penalty in massachusetts, but on the other hand, this case was such a strong case, jake. if you ever were going to impose the death penalty, you know they talk about only the worst of the worst cases. well what could be worse than this? what could be worse than the deliberate maiming and killing
of innocent american citizens by someone who professed to do it for an ideological reason almost a -- it was almost a -- >> paul, i have to cut you off. apologies. we see people stepping to the microphones. this is the prosecution. let's take a listen. i want to begin by thanking the jurors in this case for their service. they have sat through months of grueling and oftentimes heart wrenching testimony and evidence. they have been incredibly attentive and ought to be commended for their commitment to their service. i also want to thank the many victims, survivors and witnesses who testified in this case as well as those who came every day to support them in court. truly, the victims and the
survivors are the voices of boston strong and the living proof that there was much love in this city on the afternoon of april 13th, two years ago. i want to thank them for their testimony and their presence. our goal in trying this case was to ensure that the jury had all of the information that they needed to reach a fair and just verdict. we believe we accomplished that goal. and that the trial of this case has shown the world what a fair and impartial jury trial is like. even in the wake of horror and tragedy, we are not intimidated by acts of terror or radical ideals. on the contrary. the trial of this case has showcased an important american ideal. that even the worst of the worst deserve a fair trial, and due process of law. today the jury has spoken and dzhokhar tsarnaev will pay with his life for his crimes.
make no mistake. the defendant claimed to be acting on behalf of all muslims. this was not a religious crime. and it certainly does not reflect true muslim beliefs. it was a political crime designed to intimidate and to coerce the united states. although the defense claimed that the defendant was himself intimidated and coerced by an older brother, the evidence did not bear that out. the defendant was an adult who came to believe in an ideology of hate and he expressed those beliefs by killing, maiming and mutilating innocent americans on patriots' day. today is not a day for celebration. it is not a day for political or moral debate. it is a day for reflection and healing. our thoughts should now turn away from the tsarnaev brothers for good and remain with those
who will live in our memories forever. krystle marie campbell martin richard, sean collier and lingzi lu and for the 17 who lost limbs during the marathon bombing and all the other victims and survivors who still cope with injury with loss and are still healing as well as our hearts should be with this great city of boston. after two years of investigating this case and 12 weeks of trial it is time to turn the page in this chapter. i want to briefly acknowledge the hard working commitment of the investigateorsinvestigators, the prosecutors and the victim witness advocates in this case in particular assistant u.s. attorneys william weinreb, alshack ravardi, mr. paligrini
and the others and everyone who watched no there hasn't been better representation. to the victims and survivors themselves it's been incredible. i also want to thank all of my law enforcement partners local, state and federal agencies in particular the fbi who along with the jttf as well as boston police department massachusetts state police, watertown and m.i.t. police worked tirelessly from the very beginning to find those who were responsible for these heinous crimes and to assist in holding them accountable. i have never been prouder to be a part of such a dedicated group of law enforcement officials, and now i'm going to turn it over to my colleague, vince leasy, the special agent in charge for the fbi's boston field office. >> good afternoon. first i'd like to thank the
amazing team that came together in the face of this horrible tragedy, and i don't just mean the team represented right here on this podium. i mean the first responders and the health care professionals who jumped into action on that horrible day and acted so heroically to save so many lives. and then the investigative team that came in behind them worked side by side and worked as one team to gangther a tremendous amount of evidence used to convict this terrorist. one thing people need to know the fbi and law enforcement partners show up to work every single day for the victims who rely on us to bring these people to justice and that's just what we did here. but the most amazing thing was the inspiration and motivation that these victims gave us every single day. it was, they're unimaginable strength was a constant reminder to us why we had to keep pushing forward and pursuing every single lead. so to the victims i just want to
say, thank you. your strength has been nothing but inspirational and strengthened our resolve to continue to show up to work every day for victims of all crimes. >> any questions? >> did you read -- op-ed in the "boston globe" if so did you -- nd nrd [ inaudible ]. >> i read their letter and i responded to it. i believe "the globe," i know "the globe" wrote a piece containing my remarks at that time. what they had to say, their position was very very important to me. it had a great impact as well as really what also the other victims and survivors that i have encountered in this case have said. and that we came to this decision of pursuing the death penalty not lightly, and when i say, "we," the department of justice, the attorney general who approved it and there was a
long careful process in which there was a tremendous amount of input from different levels of my office and the department of justice. and when the attorney general approved it based on the nature of the crimes in this case and the degree of the harm, we then continued on that path. yes? >> were you -- [ inaudible ] a death verdict was not returned for officer collier? >> i would say that i don't want to comment on my personal feelings. i will say this -- the jury had a really difficult job to do and this was not an easy result for them to arrive at and it was clear that they've been so attentive, so thorough. we appreciate the incredible service that they have provided what they have been through, and
so we're really -- we're gratified with their service and i will be reaching out to the collier family and i will personally be talking to them. >> given the long-term -- prospects of the death penalty in the united states do you think tsarnaev will ever actually be put to death? >> i don't count to speculate on that. i would believe so after all the appellate process and so forth, but i agree. it is a long process. >> and -- [ inaudible ] confident that charge anybody that acknowledged -- his crime? >> absolutely. >> yes. >> absolutely. our investigations have been thorough and exhaustive that if somebody had anything to do with this bombing we brought them to justice. it was these two brothers. >> what about tsarnaev's wife? any sense whether she might be -- >> i'm not going to comment on anything to do with anybody that hasn't been charged or convicted, pending investigations. we may or may not have. >> and [ inaudible ].
>> -- involving tsarnaev? what happens next on in terms it of where he goes and the how he might be -- [ inaudible ]. >> well right now mr. tsarnaev will remain in the custody of the u.s. marshals. be mindful there is another -- i'm wolf blitzer in "the situation room." we want to welcome viewers in the united states and around the world. you're watching a live news conference where prosecutors and the phishfbi are discussing the jury's decision of a death sentence for the boston marathon bomber dzhokhar tsarnaev. let's continue to listen. >> -- victims and survivors will have an opportunity to make an impact statement in writing. we've already solicited impact statements from victims and survivors, some will be given an opportunity to be heard in court, obviously. we'll figure that out. there when be a sentencing hearing, the judge w