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Apr 21, 2015 5:30 PM

Tsarnaev penalty phase in Boston Marathon bombings trial much like first phase


BOSTON - The penalty phase of Boston Marathon Bombing trial will work much like the first phase. The prosecution and the defense will present evidence again. Testimony will also be heard again.

The same jurors who convicted Dzhokhar Tsarnaev on all 30 counts against him is the same jury that will now decide if he will spend life in prison or be sentenced to death. This part of the trial is expected to take up to several weeks, possibly a month.

One thing to watch, Tsarnaev's lead defense attorney Judy Clarke is known for keeping some of the most despised criminals off death row. Included in the list is Ted Kaczynski, the Unabomber; Jared Loughner, who killed a judge and wounded U.S. Rep. Gabrielle Giffords; Eric Rudolph, the Olympic Park Bomber convicted for a string of bombings between 1996 and 1998.

The are questions moving forward that only time will answer. Will the defense have Tsarnaev himself take the stand? Also, the family of 8 year old Martin Richard, the youngest victim, has come out against the death penalty. Will that influence the jury in any way?

The death penalty requires a unanimous jury vote or Tsarnaev's sentence defaults to life in prison.


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