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Dzhokhar Tsarnaev should be Mirandized
Sunday, April 21, 2013 I write today to defend a fellow citizen’s Fifth Amendment right to remain silent during a custodial interrogation and his Sixth Amendment right to consult with counsel and have...
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Who killed Tamerlan Tsarnaev
Monday, April 22, 2013 I write today regarding whether Tamerlan Tsarnaev was killed while in police custody, naked, and handcuffed with his hands behind his back. I was not aware of this dispute until...
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Police violated the Fourth Amendment in Watertown house to house searches
Tuesday, April 23, 2013 Good morning: We begin today with a history lesson purchased in blood, sweat and tears: William Pitt declared in Parliament in 1763, “The poorest man may in his cottage bid...
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FBI arrests three suspects in Boston Marathon bombing case
Thursday, May 2, 2013 Three college friends of Dzhokhar Tsarnaev have been arrested and charged by complaint with federal felony offenses for their conduct after the bombing. CBS News reported...
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Tsarnaev: Death penalty cases are won or lost during jury selection
Monday, December 29, 2014 Good evening: Most death penalty lawyers will tell you that a death penalty case is won (i.e., LWOP) or lost (i.e., death sentence) during jury selection. That is because we...
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Using Colorado Method of Jury Selection in Tsarnaev Death Penalty Trial
Friday, January 2, 2015 Good afternoon: Jury selection in Dzhokhar Tsarnaev’s death penalty trial is scheduled to start in federal court in Boston on Monday morning. Today I want to introduce readers...
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Dzhokhar Tsarnaev Death Penalty Trial Started Today
Dzhokhar Tsarnaev goes on trial for his life today in federal court in the so-called Boston Marathon Bomber case. First up will be jury selection, which is expected to take about three to four weeks...
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Dzhokhar Tsarnaev: Coconspirator and Accomplice Liability
Friday, January 9, 2014 Good afternoon: The first 1200 people summoned for jury service in the Boston Marathon Bombing Case have completed the 28 page juror questionnaire. Prosecution and defense...
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Tsarnaev: To testify or not to testify, that is the question
Tuesday, January 13, 2015 Good morning: The Fifth Amendment provides in pertinent part, No person . . . shall be compelled in any criminal case to be a witness against himself. This means that a...
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Dzhokhar Tsarnaev: Opening Statements
Thursday, January 15, 2015 Good morning: I write today about the purpose of an opening statement in a jury trial in a criminal case and distinguish it from a closing argument, which I regard to be...
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Tsarnaev Voir Dire: This is my friend Dzhokhar
Voir dire (to question) is underway. The video is an interview of Ted Wayman, a former WBZ News anchor in Boston who was summoned for jury duty in the Tsarnaev case and excused because of his...
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Dzhokhar Tsarnaev’s Developing Dilemma
A fascinating issue is emerging during jury selection in the Dzhokhar Tsarnaev trial.* The vast majority of the prospective jurors who have been questioned believe he is guilty. A few have expressed...
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Court of Appeals to hear oral arguments February 19th in Tsarnaev case
The First Circuit Court of Appeals has scheduled oral arguments next Thursday, February 19th, to consider Dzhokhar Tsarnaev’s request to move his death penalty trial out of Boston. United States...
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Opening Statements Today in Boston Marathon Bombing Case
Opening statements are not evidence and they are not arguments. They are statements by the lawyers to sketch out their respective cases for the jury. Think of them as guided tours of the witnesses to...
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Since his lawyer admitted Tsarnaev’s guilt, why didn’t he plead guilty?
Since his lawyer, Judy Clarke, admitted Dzhokhar Tsarnaev’s guilt during her opening statement yesterday in the Boston Marathon bombing trial, why didn’t he plead guilty? Many people have been asking...
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Riveting testimony in the Boston Marathon bombing trial hurts Dzhokhar’s...
During the past two days, the prosecution presented evidence about the murder of MIT police officer Sean Collier and the kidnapping of Dun Meng, a Chinese businessman, and his Mercedes vehicle by the...
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Dzhokhar Tsarnaev has a right to allocution
Various articles in the Huffington Post, the National Monitor and the International Business Times have discussed whether Dzhokhar Tsarnaev will testify during his trial. I do not believe he will...
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Tsarnaev: Terrorism expert links Tsarnaev’s message in the boat to al Qaeda...
The prosecution entered the homestretch of its case today against Dzhokhar Tsarnaev by calling Dr. Matthew Levitt to the stand. Levitt, who claims to be an expert on Islamist terrorism, is a senior...
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Tsarnaevs: Why did they murder the innocent?
Dzhokhar Tsarnaev wrote a note in pencil on an interior wall of a trailered boat in which sought refuge after the Watertown shootout. He attempted to justify killing innocent people with the following...
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Tsarnaev, prosecution blood lust and the death penalty
I am opposed to the death penalty in all cases, no matter how egregious. I always have been. I oppose the death penalty for many reasons. Today, I’m going to talk about one of them with which most...
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