Penalty phase opens in Boston Marathon bombing trial

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Penalty Phase of Marathon Bombing Trial to Begin

BOSTON (AP) - The life-or-death phase in the trial of Boston Marathon bomber Dzhokhar Tsarnaev opened Tuesday with a prosecutor telling the jurors they will come to know the four people killed and "why their lives mattered."

With enlarged photographs of the victims behind her, prosecutor Nadine Pellegrini said: "They were all beautiful, and they're all now gone." She described the killings as "unbearable, indescribable, inexcusable and senseless."

"They had time to be scared and frightened," she told the jury that will decide whether the 21-year-old Tsarnaev should get the death penalty or life in prison. "They had no time to say goodbye. That is the very essence of terror."

The prosecutor concluded her opening statement by showing the jury a photo of Tsarnaev in his jail cell, giving the finger to the video surveillance camera. It was three months after the bombings.

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Penalty phase opens in Boston Marathon bombing trial
BOSTON, MA - MAY 13: TV cameras line the entrance of John Joseph Moakley United States Courthouse as the Boston Bomber Trial enters jury deliberations in the sentencing phase of the trail on May 13, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 13: Members of the legal defense team for Boston Marathon bombing suspect Dzhokhar Tsarnaev, including William Fick (from left), Miriam Conrad, Judy Clarke and Timothy Watkins leave John Joseph Moakley United States Courthouse after the beginning of jury deliberations in the sentencing phase of the Boston Bomber Trial on May 13, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 13: Members of the public line up to enter John Joseph Moakley United States Courthouse as the Boston Bomber Trial is slated to start closing arguments on May 13, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 11: A protester holds up a sign outside of John Joseph Moakley United States Courthouse as the Tsarnaev defense nears its end of presenting case in sentencing phase of the Boston Bomber Trial on May 11, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 11: Sister Helen Prejean is surrounded by media after testifying at John Joseph Moakley United States Courthouse as the Tsarnaev defense nears its end of presenting case in sentencing phase of the Boston Bomber Trial on May 11, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 04: Members of the legal defense team for Boston Marathon bombing suspect Dzhokhar Tsarnaev, including Miriam Conrad, (from left), Judy Clarke and David Bruck arrive at John Joseph Moakley United States Courthouse as the sentencing phase in the Boston Bomber Trial continues on May 4, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries and his relatives are expected to take the stand to testify. (Photo by Scott Eisen/Getty Images)
Members of the legal defense team for Boston Marathon bombing suspect Dzhokhar Tsarnaev, including (L-R) David Bruck, Timothy G. Watkins and Judy Clarke leave John Joseph Moakley United States Courthouse as the sentencing phase In Boston Bomber Trial continues on April 27, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
Members of the legal defense team for Boston Marathon bombing suspect Dzhokhar Tsarnaev, including William Fick (L) and Timothy G. Watkins walk away from John Joseph Moakley United States Courthouse during the first day of the sentencing phase of the Boston Marathon Bomber Trial on April 21, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to to his involvement in the 2013 bombing, which related in three deaths and over 250 injuries.(Photo by Scott Eisen/Getty Images)
BOSTON, MA - APRIL 21: Media and police vechicles are reflected in the entranceway of John Joseph Moakley United States Courthouse during the first day of the sentencing phase of the Boston Marathon Bomber Trial on April 21, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON - APRIL 8: The jury found Dzhokhar Tsarnaev guilty at the Boston Marathon bombing trial at Moakley Federal Court. Bombing survivor Karen Brassard pauses as she answers a question outside the courthouse after the verdict. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON, MA - APRIL 8: Dana Cohen, (from left), Carlos Arredondo, Karen Brassard, Liz Norden, Laurie Scher and Massport Fire Lt. Michael Ward at a press conference outside of John Joseph Moakley United States Courthouse following a verdict in the Marathon Bombing case on on April 8, 2015 in Boston, Massachusetts. Dzhokhar Tsarnaev, 21, was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON - MARCH 9: An artist's sketch of Dzhokhar Tsarnaev hangs on the wall outside the Moakley courthouse for videographers to record during the Marathon bombing trial. (Photo by Lane Turner/The Boston Globe via Getty Images)
BOSTON - MARCH 11: Members of the media film evidence from the Dzhokhar Tsarnaev Boston Marathon bombing trial on display at the Moakley Federal Courthouse in Boston on March 11, 2015 . (Photo by John Blanding/The Boston Globe via Getty Images)
BOSTON - MARCH 4: Opening statements in the trial of the Boston Marathon bomber took place at Moakley Federal Courthouse. A construction crew lowers a form to pour concrete in with the words 'Boston Strong' spray painted on it at a construction site directly across from the courthouse. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - MARCH 5: Boston Marathon bombing victim, Rebekah Gregory, right, arrived at Moakley Federal Courthouse in Boston, where the second day in the trial of Dzhokhar Tsarnaev got underway on March 5, 2015. (Photo by Wendy Maeda/The Boston Globe via Getty Images)
BOSTON, MA - MARCH 4: Joe Kebartas of South Boston protests the death penalty outside of the entrance to the John Joseph Moakley United States Courthouse during the first day of the Dzhokhar Tsarnaev trial on March 4, 2015 in Boston, Massachusetts. Dzhokhar Tsarnaev is charged with using a weapon of mass destruction in an attack on the April 15, 2013 Boston Marathon along with his brother Tamerlan, who was later killed during a shootout with police. (Photo by Scott Eisen/Getty Images)
BOSTON - MARCH 4: Jose Briceno, of Cambridge, Mass., protests outside Moakley Federal Courthouse, where opening statements began in the trial of Dzhokhar Tsarnaev on March 4, 2015. (Photo by Wendy Maeda/The Boston Globe via Getty Images)
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"He had one more message to send," Pellegrini said.

Martin Richard, an 8-year-old Boston boy; Lingzi Lu, a 23-year-old Boston University graduate student from China; and Krystle Campbell, a 29-year-old restaurant manager from Bedford, were killed in the 2013 bombing near the finish line. More than 260 others were wounded, including many who lost limbs.

Massachusetts Institute of Technology police officer Sean Collier was killed days later, shot in the head inside his cruiser, as Tsarnaev and his older brother, Tamerlan, made their getaway.

"You know how they died, now you need to know how they lived," the prosecutor said. "You need to know and to understand why their lives mattered."

Tsarnaev was convicted earlier this month of all 30 charges against him during the trial's guilt-or-innocence phase. The penalty phase is expected to last about a month.

Tsarnaev's lawyers, who will make the case for mercy once the prosecution has put on its witnesses, are expected to portray Tamerlan as the mastermind of the bombing. They say Tsarnaev does not deserve the death penalty because he was a 19-year-old who fell under the influence of his domineering brother.

The 12-member jury must be unanimous for Tsarnaev to receive a death sentence; otherwise, the sentence will automatically be life behind bars.

Prosecutors contend Tsarnaev was a full partner with his brother in the bombing and deserves the ultimate punishment. They are expected to call people who lost legs or loved ones in the attack to describe the effect on their lives.

About a dozen people protesting against the death penalty demonstrated outside the federal courthouse Tuesday morning.

Earlier this week, the parents of 8-year-old Martin Richard urged prosecutors in a front-page letter in The Boston Globe to take the death penalty off the table.

Also, Jessica Kensky and Patrick Downes, a newlywed couple severely wounded in the bombing, said life in prison would be the best outcome to assure that Tsarnaev "disappears from our collective consciousness as soon as possible."

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