The final chapter in the Boston Marathon Bomber trial is coming to a close as Judge George O’Toole formally sentences Dzhokhar Tsarnaev to death.
WGBH legal analyst Daniel Medwed, a Northeastern University Law Professor, tells WGBH Morning Edition host Bob Seay "that the sentencing is based on the six counts that the jury handed over earlier in May. The remaining 11 of the 17 death eligible counts must be imposed by O’Toole as a sentence of life without parole. However, there is some leeway in ruling with the remaining 13 counts that are holdovers from April," according to Medwed.
Beyond being the formal sentencing of Tsarnaev, the trial is an opportunity for victims to seek closure. More than 25 victims are scheduled to address the court, giving impact statements and sharing how the much their lives have changed, since that devastating day in April of 2013.
Medwed says that this could be catharsis for the victims as they face Tsarnaev, “This could be the last time that they get to formally address Tsarnaev in person,” adding, “this is perhaps the last chapter in the trial itself. After the sentencing, the conviction becomes final and the clock will begin to run on the appeal.
Medwed says that while Tsarnaev has an opportunity to speak at the trial, he most likely will not address the court. “We don’t have much reason to think he’s remorseful,” said Medwed. “And the only reason for him to speak today is to look the victims in the eye and apologize. And we don’t have a sense of whether or not he feels that way.” According to Medwed, if Tsarnaev speaks, he also risks the chance of having his words used against him, during an appeal of his sentence.
After today’s sentencing, the Defense has approximately six weeks to challenge the trial and the sentencing. Tsarnaev will be sent to the death penalty facility in Terre Haute, Indiana after today's sentencing.
To listen to the full interview with Professor Medwed and Morning Edition host Bob Seay, click on the audio file above.
