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    29
    Apr
    2013
    7:17pm, EDT

    Could Boston bombing suspect avoid death penalty? Talks have started

     

    Investigators have taken a DNA sample from the wife of slain suspect Tamerlan Tsarnaev to compare with the female DNA discovered on the pressure cooker from one of the Boston bombs. The FBI is also examining whether Tamerlan Tsarnaev met with two men in Dagestan who are considered radical Muslims. NBC's Pete Williams reports.

    Pete Williams and Tracy Connor, NBC News writes

    Prosecutors and lawyers for surviving Boston Marathon bombing suspect Dzhokhar Tsarnaev have begun very early discussions about a possible deal, in which he would cooperate in exchange for avoiding the death penalty, legal sources said Monday.

    As details of the nascent negotiations emerged, a lawyer who has helped other high-profile suspects cut deals that kept them out of the execution chamber got permission to join Tsarnaev's defense team.

     

    Attorney Judy Clarke's past clients have included Unabomber Ted Kaczynski and, more recently, Jared Loughner, who was spared facing the death penalty for the Tucson, Ariz., shooting that nearly killed former U.S. Rep. Gabby Giffords in 2011.

     

    Tsarnaev, 19, is charged with using a weapon of mass destruction for the April 15 bombing that killed three and wounded 176 in Boston and could face the death penalty.

    The suspect's older brother and accused accomplice, Tamerlan Tsarnaev, 26, was killed in a firefight with police, and investigators are trying to determine if anyone else was involved.

    Law enforcement officials said they took a DNA sample Monday from Tamerlan's wife, Katherine Russell Tsarnaev, to compare to female DNA found on a piece of pressure cooker used to make one of the bombs.

    The wife has said she had no inkling of her husband's plans, and officials cautioned that the DNA on the cooker could have come from a worker at the store where it was purchased.

    AP Photo/The Lowell Sun & Robin Young

    Boston bombing suspects Tamerlan (left) and Dzhokhar Tsarnaev.

    The FBI is also looking into whether the older brother met with two men considered radical Muslims during a 2012 trip to the Russian republic of Dagestan. Both men — William Plotnikov and Makmud Nidal — were killed last year in Russian operations.

    The spotlight has also been trained on the Tsarnaevs' mother, Zubeidat, who was caught on a Russian wiretap talking to Tamerlan about jihad, U.S. officials said.

    That conversation led the Russians to ask the FBI to look into Tamerlan in 2011. He and his mother were put into a U.S. terrorism database, but no further action was taken.

    While some members of Congress have faulted the Russians for not giving the U.S. more explicit details about the mother, officials in Washington said she spoke so generally about jihad that it's not likely the information would have influenced the outcome of the 2011 probe.


    Follow @NBCNewsUS

    Before he was given a Miranda warning and stopped talking, Dzhokhar Tsarnaev told investigators that he and his brother were motivated by religion but acted alone, without help from any overseas terrorist organization.

    But law enforcement officials believe someone may have carried items out of his dorm room at the University of Massachusetts-Dartmouth a few days after the bombings and they searched local landfills for them. So far nothing has turned up, but investigators are still looking in garbage containers.

    Three federal public defenders were appointed to represent Tsarnaev, and they asked that two death penalty specialists be added to the team. The court approved Clarke but said the request for a second lawyer, David Bruck of the Washington and Lee University School of Law, was premature since Tsarnaev has not been indicted yet.

    Wounded by police during his capture,Tsarnaev was transferred last week from a private Boston hospital to a federal medical prison in central Massachusetts.

    Related:

    • Russians to US: Bombing suspect, mom discussed jihad
    • Congressman: Bombing suspects may have had foreign help

    1121 comments

    The guy must die. Assuming his guilt is shown in court, we cannot allow him to sit and watch TV for the rest of his life. Prosecutors these days... they'll do anything for a quickie.

    Show more
    Explore related topics: terrorism, death-penalty, featured, boston-marathon-tragedy, dzhokhar-tsarnaev, katherine-russell
  • 11
    Jan
    2013
    3:28pm, EST

    'Rot in hell, Holmes!': Anger after judge postpones Aurora suspect's arraignment

    Judge grants a request from James Holmes' defense team to postpone the arraignment of the suspected Aurora theater gunman until March 12. NBC's Leanne Gregg reports.

    Mike Taibbi and Tracy Connor, NBC News writes

    Families of Aurora massacre victims erupted in anger Friday when a judge postponed the arraignment of suspect James Holmes — with one yelling out, "Rot in hell, Holmes!"

    At least four relatives or survivors stalked out when Holmes was granted two more months to decide how to plead to charges he murdered 12 people and wounded dozens during a shooting rampage at a Batman movie last summer.


    Follow @NBCNewsUS

    Others cried in the courtroom or cursed in the corridor outside.


    Steve Hernandez, father of murder victim Rebecca Wingo, vented his fury with the "rot in hell" outburst as the case was adjourned — and was gently admonished by the judge.

    "I am terribly sorry for your loss. I can only begin to imagine the emotions that are raging," Chief Judge William Sylvester said as he repeated the decorum order that barred any outburst. Hernandez apologized and promised not to disrupt future proceedings.

    It’s been almost six months since Holmes was arrested outside the Century 16 multiplex, and relatives are anxious for the case to move along.

    They were hopeful that might happen when Chief Judge William Sylvester ruled late Thursday that prosecutors have enough evidence to put Holmes, 25, on trial and scheduled the arraignment for Friday.

    But the defense said Holmes wasn't ready to enter a plea and convinced the court to postpone the arraignment until March 12 – over the objections of prosecutors, who said 84 victims or their loved ones opposed a delay.

    Sylvester said that with more than 30,000 pages of documents and 220 DVDs filed in the case, both sides need more time to prepare and that forcing Holmes to enter a plea now could create grounds for an appeal.

    /

    Steve Hernandez, right, father of slain Aurora victim Rebecca Wingo, arrives for a hearing for James Holmes. Hernandez later shouted, "Rot in hell, Holmes" and was admonished by the judge.

    The grad-school dropout's lawyers are widely expected to mount an insanity defense and made several pointed references to their client's mental health during a preliminary hearing this week.

    If Holmes enters a plea of not guilty by reason of insanity, he will likely be transferred to a state psychiatric facility, where doctors must evaluate him and issue a report before a trial date is set, legal experts say.

    Scott Robinson, a Colorado defense lawyer who closely follows the case, said Holmes’ team could use the two-month delay to have their own mental-health experts evaluate him and help them prepare for the court-ordered exams.

    Ed Andrieski / AP

    Spectators arrive for a court proceeding for Aurora theater shooting suspect James Holmes on Friday. The judge granted a defense motion to delay the arraignment of Holmes until March 12, provoking anger from victims' relatives.

    Many in the victims' camp are adamant in their belief that Holmes is not legally insane. They were particularly struck by new evidence at the hearing that suggested his planning may have begun two months before the July 20 slaughter.

    Prosecutors revealed how he amassed an arsenal of weapons, booby-trapped his apartment and took photos of the Century 21 theater well before the ambush.

    "He’s not insane. He's evil and there’s a difference," said Theresa Hoover, whose 18-year-old son, A.J. Boik, was killed.

    Once Holmes enters a plea, the clock starts running on prosecutors, who have 63 days to decide whether they will seek the death penalty – which would drag out the case even longer.

    Sam Soudani, whose 23-year-old daughter was gravely wounded at the theater, said he’s willing to wait if it means Holmes winds up on death row.

    “The law has to take its course, and unfortunately, it will take a long time,” Soudani said. “I hate to say it, but he has his rights.”

     

    Related stories:

    Aurora massacre families brace for raw emotions of trial
    'Help me!': 911 call reveals teen's desperation after relatives shot in Aurora theater


     

     

    509 comments

    He looks pretty sane in the picture

    Show more
    Explore related topics: death-penalty, gun-control, batman, aurora, dark-knight, mass-shooting, james-holmes, theater-shooting

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