Dzhokhar Tsarnaev sentenced to death for Boston Marathon bombing – as it happened

http://www.theguardian.com/us-news/live/2015/may/15/dzhokhar-tsarnaev-boston-marathon-bombing

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5.44pm ET22:44

Summary

5.30pm ET22:30

Laure Scher, another survivor of the attack, says she’s grateful that she was able to “share these harrowing months with these couple of people,” referring to her fellow survivors and the families of victims.

“I think there’s no doubt that I’m sure at one time in [Tsarnaev’s] life he was a lovely, caring, thoughtful young man … We know what he turned into, he turned into a monster. Why that happened, we’ll never know.”

She says she’d like to keep her feelings about the death penalty to herself.

5.28pm ET22:28

Michael Ward, an off-duty firefighter who helped victims after the bombing, says Tsarnaev “wanted to go to hell and he’s going to get there early.”

“I remember when those bombs went off and I remember the vile disgusting thing that this person did and his brother,” he says. “The US attorney’s office has done a tremendous job under very difficult circumstances.”

“No one’s here celebrating,” he says. “This is a matter of justice.”

5.26pm ET22:26

Liz Norden, the mother of survivors, says “I don’t think there’s any winners but there’s justice.”

“It is a bittersweet, you know, there’s no winner today but I feel justice for my family,” she says. “I have to watch my two sons put a leg on every day so I don’t know about closure but I can tell you it does feel like a weight has been lifted from my shoulders.”

Melinda Arredondo says there are “many conflicting emotions” but that she’s grateful for the verdict.

5.24pm ET22:24

Karen Brassard, a survivor of the bombing, is thanking the FBI, prosecutors, witnesses and her fellow survivors.

“Today feels different only because it’s more complete, I guess is how I’m going to say it. I know there’s still a long road ahead, there’s going to be many many many more dates,” she says, referring to the appeals dates in the future.

“Right now it feels like we can take a breath and actually breathe again. Without even realizing it you’re holding your breath.”’

“There’s nothing happy about having to take somebody’s life. I’m satisfied, I’m grateful that they came to that conclusion because for me I think it was the just conclusion. But there’s nothing happy about any single bit of this situation.”

Updated at 5.39pm ET

5.18pm ET22:18

Tsarnaev’s father has told ABC News that the family intends to fight the verdict.

#Tsarnaev's father, Anzor, in Dagestan tells @abc: "We will fight until the end... We had hope & still do.... It is hard." #BostonMarathon

5.15pm ET22:15

“I don’t think there’re any winners here,” says Boston police commissioner Bill Evans. “It’s a sad day. Nobody wants to see what happened happen but I think everybody gets some satisfaction.”

“I think we sent a message a strong message and that’s we’re not going to tolerate terrorism,” he continues. “They’re not gonna blow up our marathon they’re not going to blow up our city.”

Evans says the verdict “does bring a lot of satisfaction to our officers in the Boston police department.”

“Whether you’re for the death penalty or not, which is a lot of us have a lot of trouble coming to that, I think the clear message is we’re not going to tolerate terrorism in our country.”

5.14pm ET22:14

Another member of the prosecution has taken the podium and says that the team tried to present “as full and clear a picture of what happened as we could hope to have.”

“Nobody can see into another person’s mind and it’s often the case in criminal cases that you have to prove that somebody had an intent to do something or a motive to do something,” he said. “You look at the facts you look the things that they said in the case and you present it to the jury … and ultimately it’s up to them to make those judgments.”

He said the trial was “an emotional experience”but “part of your job as a prosecutor is to put your emotions aside is to follow the law and do what your job requires, and that’s what we tried to do in this case.”

On the question of remorse he declines to say whether he personally thinks Tsarnaev regrets his actions. The jury “rendered their judgment on it,” he said, “and I think it’s their judgment and not our personal views that really matters here.”

5.05pm ET22:05

“We’re gratified with the jury’s verdict and we very much respect how they concluded it,” Pellegrini says.

Pellegrini is taking questions and says that the next sentencing hearing – in which Tsarnaev will be formally sentenced to death by the judge – has not yet been scheduled.

She says that the bureau of prisons will then take over in determining where Tsarnaev goes. Asked about the severity of the punishment, she says “this was an act of terrorism.”

“A child was murdered with a weapon of mass destruction, two young women as well, a police officer was executed in the line of duty. So when you look at the gravity and the harm and when you look as well at the many many victims who became amputees … and then you look at the motives … these were political motives.”

4.58pm ET21:58

“We are not intimidated by acts of terror or radical ideals,” Pellegrini continues. “The trial of this case has showcased an important American ideal that even the worst of the worst deserve a fair trial and the due process of law.”

“Dzhokhar Tsarnaev will pay with his life for his crimes,” she says. “He claimed to be acting on behalf of all Muslims [but] this was not a religious crime. … It was a political crime designed to intimidate and coerce the Untied States … Although the defense claim that defendant was himself coerced and intimidated by his brother.

The defendant was and adult who came to believe in an ideology of hate and he expressed those beliefs by killing mutilating and maiming.”

“Today is not a day for celebration, it is not a day for political or moral debate,” Pellegrini says. “It is a day for healing.” She says people should now “turn away from the Tsarnaevs” and turn toward “those who will live in our memories forever.”

4.55pm ET21:55

Prosecution: 'shown the world a fair trial'

Outside the courthouse the prosecution team is speaking.

“I want to begin by thanking the jurors for their service,” the lead attorney Nadine Pellegrini begins. “They have been incredibly attentive. and they are to be commended for their commitment to their service. I also want to thank the many victims, survivors … truly the victims and the survivors are the voices of Boston strong.

“Our goal in trying this case was to ensure that the jury had all the information that they needed” to deliver a fair verdict, she says.

“We believe that they accomplished that goal,” she continues, and “shown the world what a fair and impartial jury trial is like.”

Updated at 4.59pm ET

4.45pm ET21:45

More victims are reacting to the verdict, including Adrianne Haslet-Davis, a professional dancer who lost her leg in the bombing.

Haslet has tweeted: “My heart is with our entire Boston community. I am thrilled with the verdict.”

Sydney Corcoran, who nearly bled to death and whose mother lost both her legs, tweeted: “My mother and I think that NOW he will go away and we will be able to move on. Justice. In his own words, ‘an eye for an eye.’”

Dic Donohue, an MBTA officer who nearly died from injuries sustained in a shootout with the Tsarnaeves, said in a statement: “we can finally close this chapter in our lives.

“The verdict, undoubtedly a difficult decision for the jury, gives me relief and closure as well as the ability to keep moving forward.”

4.36pm ET21:36

Shane O’Hara, the manager of Marathon Sports in Boston who helped administer first aid to victims after the bombing, has told Boston’s ABC affiliate that he’s glad of the verdict.

“I just hope we have some leaders that say there shouldn’t be as many appeals” for a terrorism case, O’Hara said, starting to tear up. “This should end quickly, the families and the true victims can really maybe be done with it, move on.”

4.31pm ET21:31

Loretta Kehayia, who lives in the house outside of which Tsarnaev was captured after a firefight with police in Watertown, has told the local ABC affiliate that “I didn’t want him to have the death penalty but now I see that it’s better off.”

“I’ve cried for so long for the families that are hurt, for the little boy that lost his life,” she said. “I can’t imagine how those people feel who were totally involved in it .

“I feel bad for his family for all his relatives who were here and had to see him after 14 years, but what were they thinking in their hearts?”

“He got what was coming to him. He hurt too many, too many people … I wish he cried so I could feel different but it didn’t happening.”

Kehayia said that she is still “haunted” by the firefight that took place outside her house in the days when Boston and its suburbs were locked down by police. “I won’t go out by myself at night,” she said. “I’m hoping this is it.”

4.24pm ET21:24

Rebekah Gregory DiMartino, a bombing survivor who had her leg amputated, has tweeted her reaction to the verdict.

Completely numb... and waiting anxiously for the day this is really over. My heart and prayers are with my Boylston Street family. <3

Gregory DiMartino posted an emotional open letter to Tsarnaev on Facebook after she testified to the court, writing that the experience of facing him in court was cathartic: “Today…I looked at you right in the face… and realized I wasn’t afraid anymore.”

Updated at 4.24pm ET

4.13pm ET21:13

Baker reiterates how proud he is of Boston, praising the city’s “tremendous resilience and enormous sense of community from the moment it happened.”

He says the bombing “changed the marathon and that by definition changes Boston as well.”

“If Boston had any trouble understanding its identity before this happened it sure doesn’t now.”

4.12pm ET21:12

Tsarnaev’s defense team has left the courthouse without comment on the verdict, my colleague Nicky Woolf reports.

#Tsarnaev's attorney Judy Clarke leaves the courthouse, head bowed pic.twitter.com/J7T6r9M7bD

4.10pm ET21:10

Massachusetts Governor Charlie Baker is now speaking about the verdict.

“I hope this represents some kind of closure for all of those who were affected by this tragedy.” He says he’s impressed by the ability of the community to pull together

On the death sentence he says, “We’re a nation of laws. Juries make the call … The decision should be made on the facts and the evidence and the law.”

“While I certainly had an opinion on this my opinion didn’t really matter. The only opinion that mattered was the one rendered by the jury.

“I think the fact that they came to a unanimous decision speaks to the significance of the acts that were performed here.”

Baker says that some of the testimony was “unbelievably powerful” and that it was to the jury to sit in the court every day and weigh all the factors of the case.

“I don’t think about it that way, as a right decision as a wrong decision. I think about it as the decision of that jury,” he said “This was their call. “

4.04pm ET21:04

Lieutenant Michael Lawn of the Watertown police department has released a statement about the verdict – Tsarnaev was captured in the Boston suburb after an intense firefight with police there.

The members of the Watertown Police Department are pleased the jury has made a decision in the sentencing of the convicted marathon bomber. We understand the complexities of this decision and how difficult it has been for them to reach this final conclusion. The efforts and commitment of the jurors over the past four months are appreciated and we respect the outcome of their decision.

The Watertown Police Department would also like to commend the hard work and determination of the prosecution team. We have witnessed first-hand the incredible amount of work, both in and out of the courtroom, they have endured preparing and presenting this case. We appreciate all their efforts and dedication.

At this time the Watertown Police Department would also like to remember the victims, survivors and families of those affected by the events of this terrible tragedy. They will forever be in our thoughts and prayers.”

3.58pm ET20:58

Tsarnaev’s father was informed of his son’s death sentence by an AP reporter, and “groaned on hearing” the jury’s verdict.

Anzor Tsarnaev lives in Dagestan, in Russia and “moaned deeply on hearing the news and hung up,” the AP reports.

Zubeidat Tsarnaeva, Dzhokhar’s mother, has insisted on her son’s innocence and called American authorities “terrorists” for imprisoning her son.

3.54pm ET20:54

Boston mayor Marty Walsh says he hopes the verdict gives closure to the survivors and victims’ families. His statement reads:

I want to thank the jurors and the judiciary for their service to our community and our country. I hope this verdict provides a small amount of closure to the survivors, families, and all impacted by the violent and tragic events surrounding the 2013 Boston Marathon.

We will forever remember and honor those who lost their lives and were affected by those senseless acts of violence on our City. Today, more than ever, we know that Boston is a City of hope, strength and resilience, that can overcome any challenge.”

3.52pm ET20:52

As everyone files out of the court, everyone remains exhausted, emotional and in almost total silence, Gail Waterhouse of the local Fox affiliate tweets.

While prosecutors, media, law enforcement & survivors waited for elevators, near total silence #Tsarnaev

3.48pm ET20:48

O’Toole has discharged Tsarnaev from the court, and he leaves in the custody of US marshals, still virtually emotionless. In contrast several spectators are in tears, as are people outside the courthouse. Journalist Susan Zalkind is in the courthouse.

#Tsarnaev looks down, rocks his head, just a little, puts his hands in his pockets, and looks up with that same god damn blank stare.

That blank stare may have cost him his life. #Tsarnaev

3.45pm ET20:45

Attorney general: 'fitting punishment'

US attorney general Loretta Lynch has released a statement about the verdict, calling the death sentence “a fitting punishment for this horrific crime.” The statement reads in part:

We know all too well that no verdict can heal the souls of those who lost loved ones, nor the minds and bodies of those who suffered life-changing injuries from this cowardly attack. But the ultimate penalty is a fitting punishment for this horrific crime and we hope that the completion of this prosecution will bring some measure of closure to the victims and their families.

“We thank the jurors for their service, the people of Boston for their vigilance, resilience and support and the law enforcement community in Boston and throughout the country for their important work.”

Updated at 3.59pm ET

3.40pm ET20:40

Judge George O’Toole is now telling the jury that their identities will become public soon, and that they are free to talk about the case now should they want to. He thanks them for their service and reminds them that a clerk will destroy their trial notebooks now.

He tells them that they’ve seen “terrible images” and “intense testimony” and asks that they respect each other if they talk to the media. At least one juror is crying – they have spent nearly half a year on this case.

Updated at 3.41pm ET

3.37pm ET20:37

The jurors concur on the death sentence.

#Tsarnaev jurors being polled one by one. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes.

"Obviously ... this case aroused powerful emotions," says judge O'Toole. #Tsarnaev

3.34pm ET20:34

Those counts for which Tsarnaev has been sentenced to death:

3.33pm ET20:33

CNN reports that Tsarnaev had no visible reaction from the death sentence but Jim Armstrong of Boston’s CBS affiliate says he saw a reaction.

My colleague Nicky Woolf says there is “practically no response noticeable from Tsarnaev.”

#Tsarnaev swallows hard. Attorney Bruck wants the jurors polled one by one.

Updated at 3.36pm ET

3.30pm ET20:30

Tsarnaev sentenced to death on some counts

Nicky Woolf reports that Tsarnaev has been sentenced to death on the counts 4, 5, 9, 10, 14, and 15. Tsarnaev faced 17 capital crimes that carried death sentences.

#Tsarnaev DEATH ON SOME COUNTS

3.29pm ET20:29

The jury has now moved on to mitigating factors – the arguments put forward by the defense. Tsarnaev’s lawyers pressed the case that he was manipulated by his brother Tamerlan.

Three jurors agree that Tsarnaev acted under his brother’s influence and would not have committed the crime otherwise.

Eleven agree that he had no prior history of violent behavior.

Three agree that Tamerlan planned, led and directed the attack.

Eleven agree that Tsarnaev’s friends thought him “thoughtful, caring and respectful.”

Twelve agree that the mental illness of Tsarnaev’s father made Tamerlan the dominant male figure in Dzhokhar’s life.

Five agree that Tamerlan became radicalized before his brother.

Two agree that Tsarnaev “has expressed sorrow and remorse”, and only one finds Tsarnaev unlikely to commit, incite or facilitate future acts of violence.

3.18pm ET20:18

The jurors are continuing to move through various factors that they examined in their decision of Tsarnaev’s sentence. The prosecution emphatically argued that Tsarnaev showed no remorse, which is a major factor in the sentencing.

Some of the factors they have found proven include that the Tsarnaev crime’s were heinous and cruel (on some counts); pre-meditated and substantially planned; he intended to kill in a planned method; and that he knowingly created a grave risk of death (on some counts).

Now we move to statutory aggravating factors. Aggravating factors are weighed against mitigating factors in deciding death or life #Tsarnaev

Section 3: #tsarnaev jury finds aggravating factor applies to all applicable counts.

Did #Tsarnaev substantially plan & premeditate an act of terrorism? YES to ALL

Updated at 3.23pm ET

3.13pm ET20:13

In the first section of the verdict the jury has found unanimously that Tsarnaev was 18 years old at the time of the bombing. The jurors have now moved on to the gateway factor section of the verdict.

Did #Tsarnaev intentionally kill the victim(s) in each count? YES to some counts

Did #Tsarnaev intentionally inflict serious bodily injury resulting in death(s)? YES to some counts (1,4,5,6,9,10,14,15)

3.10pm ET20:10

The judge and jury have entered the courtroom, my colleague Nicky Woolf reports. “Tsarnaev sits resting his chin on his fist. Stares at the table. Talks to Miriam Conrad – shrugs.”

Eerie quiet in the court as judge O'Toole reads the sentence form in silence. #Tsarnaev

3.09pm ET20:09

My colleague Nicky Woolf is in the courtroom, where Tsarnaev and his lawyer Judy Clarke have entered and the packed house – full of victims’ families, reporters, attorneys and FBI agents – has been called to keep themselves under control.

Court official warning the court that any objection or outburst "will be treated as contempt" #Tsarnaev

Clarke pacing. Sits down, stands up. Some of the journos were speculating that #Tsarnaev may be the hardest case she has ever tried.

#Tsarnaev enters. He looks considerably more relaxed than his defence team.

3.04pm ET20:04

Although Tsarnaev could be sentenced to death he is unlikely to be executed, my colleagues Nicky Woolf (@nickywoolf) and Ed Pilkington (@edpilkington) report:

If the jury votes for death, their verdict may not be the end. Since the late 1960s, despite pursuing hundreds of capital cases, the federal government has executed only three people. And with a nationwide shortage of injection drugs caused by an international boycott by pharmaceutical companies – pushing the issue to the political fore – Tsarnaev’s fate would likely remain uncertain. And even if execution drugs could be procured, the case could easily be tied up in appeals for decades.

“The question is how will Tsarnaev die in prison. Will he die of a heart attack in his cell aged 60, of old age at 80, or will he be executed? The only thing that’s certain is that he will never breathe free air again,” said George Kendall, a New York lawyer who has been involved in capital cases for the past 30 years.

According to the Federal Death Penalty Resource Counsel Project, between 1988 and 2014 the federal government took 229 capital cases to trial. In only a third of them did juries condemn the defendant to die.

“The Tsarnaev case is an outlier – it’s in the same category as McVeigh and Oklahoma City, but can’t be compared with almost everyone else on federal death row,” Kendall said.

You can read their full story here.

Updated at 3.06pm ET

2.53pm ET19:53

The jury deliberated about 14 and a half hours, and the sentencing verdict will be a more than 20 pages long – the jurors will read off their decisions section by section according to the 30 charges.

The first section will focus on Tsarnaev’s age, the second about aggravating factors, the third about statutory factors, etc. The decision about a life or death sentence will likely be announced near the verdict’s end.

The defense has just walked into the courtroom, and we’re anticipating the decision will be read around 3pm ET.

2.41pm ET19:41

Dzhokhar Tsarnaev is expected to be sentenced on Friday afternoon for his role in the Boston Marathon bombing.

Tsarnaev, 21, was convicted on 30 counts related to the 2013 attack, including use of a weapon of mass destruction, and his fate will be determined by the same jury.

Those jurors will decide whether to sentence Tsarnaev to death or to life in prison without parole.

The sentencing comes after two years of trauma in Boston following the April 2013 bombing that killed three people and injured 264.

In the days following the bombing Boston police put the city on lockdown and eventually cornered Tsarnaev and his brother Tamerlan, who was killed in a shootout with officers.

The protracted criminal proceedings for Tsarnaev have opened old wounds for victims and their relatives – prosecutors called nearly 100 witnesses, who gave emotional testimony to jurors as families demonstrated outside the courthouse.

My colleague Nicky Woolf (@nickywoolf) is at the courthouse in Boston and will be filing the latest details as we provide updates, analysis and commentary from New York.