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Boston bombing jury to contend with complicated verdict form

The Columbian
Published: May 13, 2015, 5:00pm
2 Photos
Winston Warfield, of Boston, second from left, holds a placard while standing with other protesters outside federal court as they demonstrate against the death penalty Thursday in Boston.
Winston Warfield, of Boston, second from left, holds a placard while standing with other protesters outside federal court as they demonstrate against the death penalty Thursday in Boston. Jurors continue deliberations at the court Thursday to determine the fate of Boston Marathon bomber Dzhokhar Tsarnaev: life in prison or the death penalty. Photo Gallery

BOSTON — Jurors in the trial of Boston Marathon bomber Dzhokhar Tsarnaev must make one of the most difficult decisions a jury can be faced with: Should they sentence him to death or spare his life?

As they deliberate, they will need to fill out a lengthy, complicated verdict form that asks them to make findings on 12 aggravating factors prosecutors say support a death sentence and 21 factors his lawyers say support a decision to instead sentence him to life in prison.

The jury must weigh any mitigating factors against any aggravating factors they find to determine his sentence.

The same jury convicted Tsarnaev last month of all 30 federal charges against him, including 17 that carry the possibility of the death penalty.

Three people were killed and more than 260 were injured when two pressure-cooker bombs packed with shrapnel exploded near the marathon finish line April 15, 2013. A Massachusetts Institute of Technology police officer was killed days later.

The verdict form, which is 24 pages long, is like a worksheet for the jury. It walks jurors through a process before they get to the ultimate decision on whether Tsarnaev is sentenced to death or life in prison.

First, they must decide whether any “gateway,” or threshold, factors exist, including whether Tsarnaev intentionally killed the victim or victims; inflicted serious bodily injury that resulted in death; participated in an act contemplating that the life of a person would be taken; and engaged in an act of violence knowing that it created a grave risk of death so that it constitutes reckless disregard for human life.

Then, they must begin deciding on the various mitigating and aggravating factors.

It isn’t until Page 21 of the form that the jury is asked to check off what Tsarnaev’s sentence will be.

The jury began deliberating late Wednesday and continued Thursday.

Jurors on Thursday sent a note to U.S. District Judge George O’Toole Jr. asking about the legal concepts of “aiding and abetting” and “conspiracy.”

The judge said whatever intentions Tsarnaev had is a question of fact to be determined by jurors. The jury also asked about how they should fill out a portion of the verdict slip.

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