The Times West Virginian

Headline News

October 24, 2013

Boston Marathon suspect may pin blame on brother

BOSTON — Dzhokhar Tsarnaev’s lawyers may try to save him from the death penalty in the Boston Marathon bombing by arguing he fell under the murderous influence of his older brother, legal experts say.

The outlines of a possible defense came into focus this week when it was learned that Tsarnaev’s attorneys are trying to get access to investigative records implicating the now-dead brother in a grisly triple slaying committed in 2011.

In court papers Monday, federal prosecutors acknowledged publicly for the first time that a friend of Tamerlan Tsarnaev told investigators that Tamerlan participated in the unsolved killings of three men who were found in a Waltham apartment with their throats slit, marijuana sprinkled over their bodies.

The younger Tsarnaev’s lawyers argued in court papers that any evidence of Tamerlan’s involvement is “mitigating information” that is critical as they prepare Dzhokhar’s defense. They asked a judge to force prosecutors to turn over the records.

Dzhokhar Tsarnaev, 20, faces 30 federal charges, including using a weapon of mass destruction, in the twin bombings April 15 that killed three people and injured more than 260. Tamerlan Tsarnaev, 26, died in a gunbattle with police days later.

The government is still deciding whether to pursue the death penalty for the attack, which investigators say was retaliation for the U.S. wars in Muslim lands.

Richard Dieter, executive director of the Death Penalty Information Center, said the defense may be trying to show that the older brother was the guiding force.

“If I was a defense attorney and was seeking perhaps to draw attention to the influence the older brother had in planning the bombing, I would use his involvement in other crimes to show that he was likely the main perpetrator in the Boston bombing,” Dieter said.

“I would take the position that my client, the younger brother, was strongly influenced by his older brother, and even if he is culpable, the death penalty is too extreme in this case.”

Similarly, Aitan D. Goelman, who was part of the legal team that prosecuted Oklahoma City bombing figures Timothy McVeigh and Terry Nichols, said the defense may be looking to minimize the younger brother’s role in the bombing.

“I think the most likely reason is that if they are arguing some kind of mitigation theory, that the older brother was a monster and the younger brother was under his sway or intimidated or dominated by him,” he said.

Miriam Conrad, Tsarnaev’s public defender, had no comment.

Investigators have given no motive for the 2011 slayings. One victim was a boxer and friend of Tamerlan Tsarnaev’s.

Friends of those killed have said they gave Tsarnaev’s name to investigators at the time. That has raised questions of whether authorities missed an opportunity to prevent a bigger tragedy.

Federal prosecutors said in court papers that Ibragim Todashev, another friend of Tamerlan’s, told authorities that Tamerlan took part in the killings. Todashev was shot to death in Florida in May by authorities while being questioned.

Prosecutors argued that turning over the records would damage the investigation into the killings.

———

Smith reported from Providence, R.I. Associated Press writer Pete Yost in Washington contributed to this report.

 

1
Text Only
Headline News
  • Obama voices skepticism on Russia in Ukraine

    President Barack Obama conveyed skepticism Thursday about Russian promises to de-escalate a volatile situation in Ukraine, and said the United State and its allies are ready to impose fresh sanctions if Moscow doesn’t make good on its commitments.

    April 18, 2014

  • President defending health-care law good for some Democrats

    President Barack Obama’s full-throated defense of his health-care overhaul seems perfectly timed for Democrats who want their party to embrace the law more enthusiastically.
    At a White House news conference Thursday, Obama noted that health insurance enrollments under the new law are higher than expected, and costs are lower.

    April 18, 2014

  • Deal reached on calming Ukraine tensions — for now

    In a surprise accord, Ukraine and Russia agreed Thursday on tentative steps to halt violence and calm tensions along their shared border after more than a month of Cold War-style military posturing triggered by Moscow’s annexation of Crimea.

    April 18, 2014

  • Boston Marathon organizers confident of safe race

    The arrest of a man with a rice cooker in his backpack near the Boston Marathon finish line led police to step up patrols Wednesday, while organizers sought to assure the city and runners of a safe race next week.
    The actions of the man, whose mother said he had a mental disorder, rattled nerves as Boston prepared for the annual race, but authorities said they did not consider it a security breach.

    April 17, 2014

  • Screen Shot 2014-04-16 at 12.51.22 PM.png VIDEO: Toddler climbs into vending machine

    A child is safe after climbing into and getting stuck inside a claw crane machine at a Lincoln, Neb., bowling alley Monday.

    April 16, 2014 1 Photo

  • Solemn tributes mark Boston Marathon bombing anniversary

    Survivors, first responders and relatives of those killed in the Boston Marathon bombing marked the anniversary Tuesday with tributes that combined sorrow over the loss of innocent victims with pride over the city’s resilience in the face of a terror attack.

    April 16, 2014

  • Questions linger year after Boston Marathon bombs

    A surveillance video shows a man prosecutors say is Dzhokhar Tsarnaev placing a bomb near the finish line of the Boston Marathon, just yards from where an 8-year-old boy was killed when it exploded.

    April 15, 2014

  • Little sign of progress as Obama, Putin speak

    Speaking for the first time in more than two weeks, President Barack Obama and Russian President Vladimir Putin showed little sign of agreement Monday, with the U.S. leader urging pro-Russian forces to de-escalate the situation in eastern Ukraine and Putin denying that Moscow was interfering in the region.

    April 15, 2014

  • 3 dead after suburban Kansas City shooting

    A man opened fire outside a Jewish community center on Sunday, killing two people before driving over to a retirement community a few blocks away and killing someone else, authorities said.

    April 14, 2014

  • Couple: Truck was on fire before deadly bus crash

    A couple said a FedEx tractor-trailer was already on fire when it careened across a median, sideswiped their car and slammed into a bus carrying high school students, adding a new twist to the investigation of a crash that killed 10 people.
    Initial reports by police indicated the truck swerved to avoid a sedan that was traveling in the same direction in this town about 100 miles north of Sacramento, then went across the median. There was no mention of the truck being on fire.

    April 13, 2014

House Ads
Featured Ads