Should the Boston Bomber be put to death?
Federal prosecutors would like to have that outcome but they have a major problem in the form of vehemant and experienced anti death penalty lawyer Judy Clarke who has previously saved numerous killers from the death penalty.
Famed defense attorney and Harvard University professor Alan Dershowitz believes Clarke, who has represented the Unabomber Ted Kaczynski along with Tucson shooter Jared Loughner and 9/11 conspirator Zacarias Moussaoui is more than capable of saving Boston Marathon bomber Dzhokhar Tsarnaev from death by the state
The Boston Herald report Dershowitz saying: “She’ll have two or three jurors in tears by the time this case is over, because she’s really that good,” Dershowitz said. “And she’s an expert in this. … In Boston, she has a much easier job than she had in other parts of the country. Bostonians have very diverse views on the death penalty.”
During the sentencing trial, also known as the “Death Trial,” that will follow a conviction, the normal federal rules of evidence take a backseat, and defense attorneys and prosecutors can try to pull on the jurors’ heartstrings, according to Peter White, a former U.S. attorney.
At that stage, marathon bombings victims can tell jurors their stories and show their life-altering injuries. Tsarnaev may testify about his own life — or any mitigating factors not directly related to the evidence in the case.
“As a defense attorney, you have to gather the evidence and present it to the jury in a way that humanizes the defendant,” White said.
“The obvious defenses here are his youth, whether he’s particularly impressionable, and I would also have him sit with psychiatrists to see if there’s an issue with capacity,” he said.
He said showcasing Tsarnaev’s “childhood and upbringing” also would play a role.