No Decision Yet in Tsarnaev Trial

As jurors continued their second day of deliberations in the penalty phase of the marathon bombings trial, a couple of questions sent to the judge provide some insight into what they may be wrestling with.

The first question deals with one of the gateway factors - also known as eligibility factors.

Jurors need to find that the government proved at least one of these four factors unanimously on at least one of the capital counts to reach one of the thresholds that make Dzhokhar Tsarnaev eligible for the death penalty.

Jurors essentially asked if they needed to rely on the language of "aiding and abetting" and "conspiracy" from the guilt phase of the trial, when deciding whether Tsarnaev intentionally killed the victims in this penalty phase of the trial.

Prosecutors said in court the jury could be considering, for example, the death of Krystle Campbell, who was killed by the bomb placed near Marathon Sports by Dzhokhar's brother Tamerlan - where Dzhokhar was not directly responsible, but was found guilty based on the conspiracy he had with Tamerlan.

Judge George O'Toole instructed the jurors that their "determination must be based on Mr. Tsarnaev's personal actions and intent."

The jury's second question was more of a procedural question about whether they had to separate two parts of a question - the judge said they need to consider it together.

Contact Us