Witness: ‘It Was Like a Scene From Saving Private Ryan’
Opening statements in the trial of alleged Boston Marathon bomber Dzhokhar Tsarnaev began just before 10 a.m. Wednesday.
Before statements began, Judge George O’Toole Jr. resolved last-minute motions, including denying the defense’s fourth motion to move the trial. He also granted the government’s request that the defense leave any mitigating evidence that may create sympathy for Tsarnaev, such as his family history or relationships, out of this phase of the trial.
O’Toole did say that some mention of Tsarnaev’s brother and alleged co-conspirator Tamerlan Tsarnaev would be impossible to avoid, so the government may just have to object on a case-by-case basis.
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O’Toole then instructed jurors on the trial, went through the indictment, named the victims, and warned jurors not to talk about or do any outside research on the case. He also reminded them that opening statements are not considered evidence.
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Boston Marathon bombing survivor Heather Abbott is helped from a bus outside federal court in Boston March 4.
Once the instructions were over, opening statements began.
Assistant U.S. Attorney William Weinreb presented the prosecution’s statement, in which he described in graphic detail the aftermath of the bombings, focusing on the death of 8-year-old Martin Richard.
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Weinreb moved on to discuss the radicalization of Tsarnaev’s beliefs, mentioning that he had consumed media created by other terrorists, including Inspire Magazine, which contained instructions for building bombs.
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Weinreb then went through the timeline of the days immediately following the bombing, including the death of MIT Police Officer Sean Collier and the subsequent shootout with police during which Tamerlan Tsarnaev was killed.
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He also said the carjacking victim that had until now been identified only as “Danny’’ will be called as a witness. Danny’s full name was also said for the first time: Dung Ming.
In regard to Tamerlan’s role in the bombings, Weinreb said that they brothers were partners and both played a role, but emphasized who was on trial.
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Wrapping up, Weinreb touched upon the evidence that prosecutors will present to convince the jury to return a guilty verdict. The prosecution again showed pictures of the victims to the court and described how they died as it concluded its statement.
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As Attorney Judy Clarke began to deliver the defense’s statement, she admitted “it was him’’ and refused to “sidestep’’ his responsibility in the attacks, which she called senseless.
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Clarke emphasized that Dzhokhar followed the lead of his brother, who “self-radicalized.’’
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The judge interruped Clarke, reminding her that “the family history is not appropriate.’’ Summing up, Clarke implored jurors to keep their minds open.
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After the defense completed its 20-minute opening statement, the court took a 15-minute break before the prosecution called its first witness: Thomas Grilk, the executive director of the Boston Athletic Association, which organizes the Boston Marathon.
Grilk was questioned by Aloke Chakravarty. The bulk of his testimony focused on the symbolic significance of the Boston Marathon, which falls on a local holiday, attracts thousands of runners and volunteers to the area, along with huge crowds, intense media attention, and millions of dollars in business to the city of Boston.
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He described in-depth the work that goes into holding the marathon each year, including health and safety measures taken to protect runners.
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Grilk said that Marathon Monday 2013 began as any other, with notably good weather. He was working as an announcer at the finish line that day.
Chakravarty then entered photos and video footage of the pre-blast 2013 finish line into evidence, including aerial shots of the area around the finish line and images of runners about to cross it. Diagrams of the area, including businesses along Boylston Street, were also shown to jurors for demonstration purposes but the defense asked that they not be put into evidence.
Jurors then watched a video, which had no sound, of the bombs going off.
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Grilk said the marathon medical staff gave first aid to those they could reach in the immediate aftermath.
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Defense attorney Miriam Conrad then cross examined Grilk, asking only two questions, both about the diagrams shown to the jury.
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The second witness, Shane O’Hara, who manages Marathon Sports on Boylston Street, was then called to the stand. Questioned by Weinreb, O’Hara said that he was selling a pair of shoes in the store when the bombs went off.
The prosecution presented store surveillance video to the jury, showing a window shattering and O’Hara bringing people into the store. In the footage, O’Hara is also shown tying athletic shorts around a woman’s leg, serving as a makeshift tourniquet. Others followed suit.
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O’Hara said the entire street, including his store, was closed for the next 10 days because of the damage. He was not cross examined by the defense. The court then went into a one-hour recess.
Earlier in the morning, before the trial began, two busloads of survivors of the attacks arrived at the Moakley Courthouse in South Boston at about 7:30 a.m.. Most of them entered through a side door, while Marc Fucarile, who lost one of his legs in the attacks, went in the front door without commenting to reporters, according to The Associated Press.
Tsarnaev, 21, faces 30 charges in connection to the finish line bombings that killed three and injured more than 260 on April 15, 2013. He is also accused in the death of MIT Police Officer Sean Collier, who was killed several days later. His long-awaited trial will likely last three to four months.
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