
The trial to determine Dzhokhar Tsarnaev's punishment has been moved to April 21
The start date of the penalty phase for the trial of Dzhokhar Tsarnaev, aka the Boston Marathon Bomber, has been moved to April 21. This will prevent the trial from coinciding with the anniversary of the attack, which occurred two years ago on April 15. It will also avoid conflicting with this year’s marathon, scheduled for April 20.
The sentencing portion of the trial will be similar to the initial phase of the trial. Having already decided that he is guilty, the same exact jury will now hear arguments from both sides about what the punishment should be. Most likely, it will come down to whether 23-year-old Tsarnaev should get the death penalty or life in prison without parole.
The defense is expected to put up a much stronger fight for Tsarnaev’s life than they did for his innocence. In the earlier trial, the bomber’s lawyer’s admitted that he was involved in the attack. However, their position is that it was Dzhokhar’s older brother, the deceased 26-year-old Tamerlan, who was the main perpetrator. Dzhokhar was only a adoring younger sibling coerced into following along.
“I feel they are likely to try everything they can to help save their client’s life,” said Brad Bailey, a previous assistant U.S. attorney in Boston.
It is believed that the defense will be contacting psychiatrists and health experts to back up their claims.
“The defendant has requested that the penalty stage start in around two weeks so as to, among the other items, permit the defendant supplemental time to resolve exceptional logistical troubles with a selection of possible witnesses,” said U.S. District Judge George O’Toole. “It is not unusual for there to be a transient recess between phases in such a scenario.”
The prosecution is expected to argue that both brothers were equal partners in planning and carrying out the attack.
The jury will have to be unanimous for Tsarnaev to get the death sentence. If even one juror should disagree, the sentence will automatically become life in prison without parole.