Defense gets ready to rest case in marathon bombing trial
BOSTON — Lawyers for the Boston Marathon bomber prepared to rest their case Tuesday after an FBI fingerprint examiner testified that Dzhokhar Tsarnaev's fingerprints weren't found on any of the marathon bomb components, but his older brother's were.
Elaina Graff said Tamerlan Tsarnaev's prints were found on two pieces of cardboard that came from one of the bombs used at the marathon.
She said prints belonging to both brothers were found on another bomb recovered from the scene of a gun battle with police days after the marathon attack. That bomb, which was not detonated, consisted of explosive powder and fuses packed inside a plastic container with a fuse protruding from the lid.
Under cross-examination from a prosecutor, Graff said it can be difficult to find fingerprints at bombing sites. "Due to the extreme temperature and force in an explosion, it is not unusual to not find fingerprints on items," Graff said.
Graff said only Tamerlan's prints were found on other items, including a jar of nails, tape, a caulking gun and other tools in the Tsarnaev family apartment in Cambridge.
The questioning was part of an effort by Dzhokhar Tsarnaev's lawyers to show that Tamerlan Tsarnaevwas the driving force behind the 2013 terror attacks. Tamerlan Tsarnaev, 26, died after he was shot by police and run over by Dzhokhar, then 19, during a violent confrontation in Watertown days after the bombings.
Three people were killed and more than 260 were injured when two pressure cooker bombs exploded near the finish line.
During opening statements at the trial, Tsarnaev's lawyer, Judy Clarke, admitted he participated in the attacks but said he had fallen under the influence of his radicalized brother. The defense has made it clear that its goal is not to win an acquittal for Tsarnaev but to convince the jury that he is less culpable than his brother and does not deserve the death penalty.
The defense has called four witnesses during this first phase of the trial, known as the guilt phase.
If Tsarnaev, now 21, is convicted — a near foregone conclusion because of his lawyer's admission — the same jury will hear evidence in a second phase of the trial — the penalty phase — to decide whether he should be executed or spend the rest of his life in prison.
Also testifying for the defense Tuesday was a computer expert who said Tamerlan Tsarnaev did Internet searches on bombing components in the weeks before the 2013 terror attack.
Mark Spencer, the president of a digital forensics company, said search terms on Tamerlan Tsarnaev's laptop included "detonator, "transmitter and receiver" and "fireworks firing system." He said Dzhokhar Tsarnaev's laptop showed his computer activity focused heavily on Facebook and a Russian version of Facebook.
Tsarnaev's lawyers said Tuesday that they had finished presenting witnesses and told Judge George O'Toole Jr. that they wanted to present a series of photographs to the jury. Prosecutors asked for a sidebar conference with the judge.
After two long sidebars, the judge called for a lunch recess.
The defense was expected to rest its case Tuesday afternoon.
Comment threads are monitored for 48 hours after publication and then closed.