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
  • U.N. school in Gaza in cross-fire; 15 killed

    A U.N. school in Gaza crowded with hundreds of Palestinians seeking refuge from fierce fighting came under fire Thursday, killing at least 15 civilians and leaving a sad tableau of blood-spattered pillows, blankets and children’s clothing scattered in the courtyard.

    July 25, 2014

  • Jet with 116 on board crashes in Mali

    An Air Algerie jetliner carrying 116 people crashed Thursday in a rainstorm over restive Mali, and its wreckage was found near the border of neighboring Burkina Faso — the third major international aviation disaster in a week.

    July 25, 2014

  • Two more planes with Ukraine bodies arrive in Netherlands

    Two more military aircraft carrying remains of victims from the Malaysian plane disaster arrived in the Netherlands on Thursday, while Australian and Dutch diplomats joined to promote a plan for a U.N. team to secure the crash site which has been controlled by pro-Russian rebels.

    July 25, 2014

  • Obama demands ‘economic patriotism’

    Staking out a populist stand ahead of the midterm elections, President Barack Obama on Thursday demanded “economic patriotism” from U.S. corporations that use legal means to avoid U.S. taxes through overseas mergers.
    “I don’t care if it’s legal,” Obama declared. “It’s wrong.”

    July 24, 2014

  • Airline disasters come in a cluster

    Nearly 300 passengers perish when their plane is shot out of the sky. Airlines suspend flights to Israel’s largest airport after rocket attacks. Two airliners crash during storms. Aviation has suffered one of its worst weeks in memory, a cluster of disasters spanning three continents.

    July 24, 2014

  • Opponents: Evidence against lethal injection

    The nation’s third botched execution in six months offers more evidence for the courts that lethal injection carries too many risks and amounts to cruel and unusual punishment, death-row lawyers and other opponents said Thursday.

    July 24, 2014

  • Ancient Animal Dig.jpg Wyoming cave with fossil secrets to be excavated

    For the first time in three decades, scientists are about to revisit one of North America’s most remarkable troves of ancient fossils: the bones of tens of thousands of animals piled at least 30 feet deep at the bottom of a sinkhole-type cave.

    July 24, 2014 1 Photo

  • Bodies of Malaysian jet victims solemnly returned to Dutch soil

    Victims of the Malaysian jetliner shot down over Ukraine returned at last Wednesday to Dutch soil in 40 wooden coffins, solemnly and gently carried to 40 identical hearses, flags at half-staff flapping in the wind.

    July 24, 2014

  • 48 dead in Taiwan plane crash

    Family members of victims of a plane crash were flying to the small Taiwanese island on Thursday where the plane had unsuccessfully attempted to land in stormy weather, killing 48. There were 10 survivors, and authorities were searching for one person who might have been in a wrecked house on the ground.

    July 24, 2014

  • Agents get subsidized ‘Obamacare’ using fake IDs

    Undercover investigators using fake identities were able to secure taxpayer-subsidized health insurance under President Barack Obama’s health care law, congressional investigators said Wednesday.
    The weak link seemed to be call centers that handled applications for frazzled consumers unable to get through online.

    July 24, 2014

House Ads
Featured Ads