Lawyers to give closing arguments in marathon bomber's trial

Jury Deliberates Boston Bomber's Fate

BOSTON (AP) -- Prosecutors and defense attorneys on Wednesday made their final appeals to the jury that will decide the fate of Dzhokhar Tsarnaev as jurors began deliberating whether the Boston Marathon bomber should get life in prison or the death penalty.

"The choice between these very serious alternatives is yours and yours alone to make," Judge George O'Toole Jr. told the panel.

Jurors must be unanimous in their decision to impose the death penalty. If even a single one votes against death, Tsarnaev will get life in prison.

Prosecutor Steve Mellin said Tsarnaev wanted to cause his victims as much physical pain as possible to make a political statement.

"The bombs burned their skin, shattered their bones and ripped their flesh," Mellin said. The blasts "disfigured their bodies, twisted their limbs and punched gaping holes into their legs and torsos."

"Merely killing the person," he said, "isn't nearly as terrifying as shredding them apart."

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Lawyers to give closing arguments in marathon bomber's trial
Accused Boston Marathon bomber Dzhokhar Tsarnaev (L) is shown in a courtroom sketch next to Judge George O'Toole on the first day of jury selection at the federal courthouse in Boston, Massachusetts January 5, 2015. O'Toole on Monday began the process of selecting the jury that will hear the trial of Tsarnaev, telling the first of some 1,200 prospects to read no more news accounts about the deadly blasts. Tsarnaev could get the death penalty if convicted of killing three people and injuring more than 260 others by detonating a pair of homemade bombs placed amid a crowd of thousands of spectators at the race's finish line on April 15, 2013. REUTERS/Jane Flavell Collins (UNITED STATES - Tags: CRIME LAW)
A memorial for the victims of the Boston Marathon bombings and its aftermath stands near the race's finish line, on the second day of jury selection in the trial of accused Boston Marathon bomber Dzhokhar Tsarnaev in Boston, Massachusetts January 6, 2015. The victims remembered are MIT police officer Sean Collier, Krystle Campbell, Lingzi Lu and Martin Richard. Tsarnaev could get the death penalty if convicted of killing three people and injuring more than 260 others by detonating a pair of homemade bombs placed amid a crowd of thousands of spectators at the race's finish line on April 15, 2013. REUTERS/Brian Snyder (UNITED STATES - Tags: CRIME LAW)
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)
A courtroom sketch shows accused Boston Marathon bomber Dzhokhar Tsarnaev (C) sitting with his attorneys on the first day of his trail at the federal courthouse in Boston, Massachusetts March 4, 2015. REUTERS/Jane Flavell Collins (UNITED STATES - Tags: CRIME LAW)
A plaid backpack Is seen in this undated handout evidence photo provided by the U.S. Attorney's Office in Boston, Massachusetts on March 25, 2015. FBI Special Agent Kenneth Benton testified that he and fellow agents searched the landfill after a college friend of Tsarnaev's took the plaid backpack from the defendant's dorm room and tossed it into a dumpster. REUTERS/U.S. Attorney's Office/Handout FOR EDITORIAL USE ONLY. NOT FOR SALE FOR MARKETING OR ADVERTISING CAMPAIGNS. THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. IT IS DISTRIBUTED, EXACTLY AS RECEIVED BY REUTERS, AS A SERVICE TO CLIENTS
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, 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 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)
A courtroom sketch shows Boston Marathon bombing suspect Dzhokhar Tsarnaev (R) during the jury selection process in his trial at the federal courthouse in Boston, Massachusetts January 15, 2015. Tsarnaev, who appeared in court on Thursday wearing a sport jacket and collared shirt, more formally dressed than in last week's appearances, and had trimmed his hair, is also charged with fatally shooting a university police officer three days after the bombing. He has pleaded not guilty. REUTERS/Jane Flavell Collins (UNITED STATES - Tags: CRIME LAW)
Fireworks are pictured in this undated handout evidence photo provided by the U.S. Attorney's Office in Boston, Massachusetts on March 25, 2015. The jury also saw a photo of a firework, with its powder removed, that was retrieved from a backpack found at a landfill south of Boston. FBI Special Agent Kenneth Benton testified that he and fellow agents searched the landfill after a college friend of Tsarnaev's took the plaid backpack from the defendant's dorm room and tossed it into a dumpster. REUTERS/U.S. Attorney's Office/Handout FOR EDITORIAL USE ONLY. NOT FOR SALE FOR MARKETING OR ADVERTISING CAMPAIGNS. THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. IT IS DISTRIBUTED, EXACTLY AS RECEIVED BY REUTERS, AS A SERVICE TO CLIENTS
BOSTON - JANUARY 5: A heavy Coast Guard presence was seen in Boston Harbor by the Moakley Federal Courthouse for start of jury selection for the Boston Marathon bombing suspect Dzhokhar Tsarnaev trial. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON, MA - JANUARY 04: A memorial stands at the site of the first bomb that went off in the Boston Marathon bombing of 2013 on January 4, 2015 in Boston, Massachusetts. Jury selection begins tomorrow in the case against Dzhokhar A. Tsarnaev, the suspected Boston Marathon bomber. Tsarnaev has plead 'not guilty' to 30 charges that could result in the death penalty if he is found guilty. (Photo by Andrew Burton/Getty Images)
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Defense attorney Judy Clarke asked jurors to spare Tsarnaev's life, saying her client "is not the worst of the worst, and that's what the death penalty is reserved for."

She asked jurors to hold open their minds and try to understand how and why Tsarnaev became involved in the plot.

"We think that we have shown you that it's not only possible, but probable that Dzhokhar has potential for redemption," she said, adding that he was "genuinely sorry for what he's done."

The prosecutor showed a large photograph of 8-year-old Martin Richard, who was killed in the attack, and other children standing on a metal barricade near where Tsarnaev placed his bomb. Another photo showed bloodied victims on the sidewalk.

"This is what terrorism looks like," Mellin said.

Tsarnaev, he said, showed no regret after the bombings, calmly going to buy a half gallon of milk 20 minutes later.

"He acted like it was any other day. He was stress-free and remorse-free," Mellin said. "He didn't care because the death and misery was what he sought that day."

During the four-month trial, prosecutors portrayed Tsarnaev as a callous, unrepentant terrorist who carried out the deadly attack with his radicalized older brother, Tamerlan.

From the start, Tsarnaev's lawyers admitted he participated in the bombing, but they told the jury he was "a good kid" who was led astray by Tamerlan, who wanted to punish the U.S. for its actions in Muslim countries.

Clarke said Tsarnaev's parents favored his older brother and pinned their hopes on him, believing he would become an Olympic boxer. She showed photos of his father at boxing matches with Tamerlan, then asked "Where are the pictures of Dzhokhar? He was the invisible kid."

She noted the testimony of one witness who said the younger Tsarnaev followed his older sibling around "like a puppy."

Tamerlan was a "jihadi wannabe" who returned to the U.S. angry and frustrated after an unsuccessful attempt to join Islamic extremists in Russia, Clarke said. Then he decided to find another way to wage jihad.

"If not for Tamerlan, this wouldn't have happened. Dzhokhar would never have done this, but for Tamerlan. The tragedy would never have occurred but for Tamerlan - none of it," Clarke said.

Mellin dismissed the contention that the older Tsarnaev somehow led his brother down the path to terrorism. "They were partners in crime and brothers in arms. Each had a role to play and each played it," he said.

Three people were killed and more than 260 injured when two bombs exploded near the marathon's finish line on April 15, 2013.

Tsarnaev, 21, was convicted by a federal jury last month of all 30 counts against him, including use of a weapon of mass destruction. The same jury must now decide his punishment.

Defense lawyers have said a life sentence would also help the families of his victims, who would not be subjected to the years of appeals and public attention that would almost certainly follow a sentence of death.

The defense showed the jury photos of the federal Supermax prison in Florence, Colorado, where Tsarnaev would probably be sent if he gets life. There, his lawyers said, he would be locked in his cell 23 hours a day - a solitary existence that would deny him the martyrdom he apparently sought.

A sentence of life "reflects justice and mercy," Clarke said. Mercy "is never earned. It is bestowed, and the law allows you to choose justice and mercy."

She disputed prosecutors' characterization of Tsarnaev as unremorseful. She cited testimony of Sister Helen Prejean, who said Tsarnaev told her he was sorry about the pain and suffering victims endured.

"What unrepentant, unchanged, untouched jihadi is going to meet with a Catholic nun?" she said.

Mellin reminded jurors that some of them - before they were chosen for the jury - expressed a belief that a life sentence may be worse than death.

"This defendant does not want to die. You know that because he had many opportunities to die on the streets of Boston and Watertown. But unlike his brother, he made a different choice," Mellin said. "A death sentence is not giving him what he wants. It is giving him what he deserves."

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