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Monday, March 30, 2015

Trial of Boston Marathon Bomber Moving Along



The federal jury trial of Dzhokar Tsarnaev, the alleged—and now admitted—Boston Marathon bomber, has garnered national attention.

Today, government prosecutors are expected to rest their case. For nearly a month now, prosecutors have presented jurors with numerous witnesses and substantial evidence. Much of the testimony has been emotional and graphic.

Tsarnaev’s defense attorneys candidly told the jury during their opening statement that Tsarnaev “did it.” Given the overwhelming amount of evidence against him, Tsarnaev’s lawyers have focused their efforts on saving their client from the death penalty.

When the prosecution closes its case, the defense will have the opportunity to present its own case.

A key strategic decision that must be made in all criminal cases is whether to have the defendant, the accused, testify. Because their strategy is focused on sparing Tsarnaev from the death penalty, it is unclear at this time whether Tsarnaev will testify.

Some experts think if Tsarnaev testified and expressed remorse then he has a better chance of avoiding the death penalty. However, nearly all experts agree that allowing a defendant, including Tsarnaev, to testify exposes a defendant to the risk of damaging testimony brought out on cross examination.

Over the next few days we will learn in the Boston Marathon trial how the defense will proceed with their own case. Will they call witnesses? Will they put Tsarnaev himself on the stand? Will their efforts be enough to spare Tsarnaev from the death penalty?

Only time will tell.

Ronald G. Brower is an experienced and leading criminal defense attorney in Orange County, California. If you or someone you know is being investigated or has been charged with a crime, contact the Law Office of Ronald G. Brower today.

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