
The fact that the Boston bombing Johar Tsarnaev will be found guilty , of course, there could be no doubt. The preliminary investigation materials contain comprehensive evidence of his participation in the undermining of two home -made explosive devices two years ago during the traditional annual marathon. Three died from the explosions. Another 264 people were injured and injured of varying severity.
Such a volume of evidence and testimony is powerless to challenge even such a venerable lawyer as Judy Clark. I already wrote about her qualifications. She did not lose a single case in which the defendant threatened the death sentence, including on charges of terrorism. Her clients were convicted, but not one was executed. Its main weapon is a pre -trial deal: a confession of guilt in exchange for life.
The negotiations of the parties took place in early January, but, according to the aware press, they came to an impasse. It is quite clear why the prosecutors refused: they had enough evidence in order to convince the jury of the jury of the guilt of Tsarnaev. After Clark received a turn from the gate, the US Minister Eric Holder said that the prosecution would seek a death sentence.
During the court, the defense did not try to challenge the fact of the complicity of Johar Tsarnaev in the organization of the attack. She called only four witnesses, the interrogation of which lasted four hours. The prosecution had 92 witnesses. They testified for 15 days. The lawyers focused on the subordinate position of Johar Tsarnaev, who, according to their version, was influenced by the older brother Tamerlane, who completely suppressed his will.
However, the accusation presented evidence that a short time after the explosions, Johar bought milk in a gastronom and looked "completely serene." A long argument was a long message left by Johar on the inner surface of the boat, in which he was hiding from the pursuers. In this text, he writes that explosions are revenge on America for the murder of innocent Muslims, that he envies his brother, who was already in paradise (Tamerlan was killed in a shootout), and expresses confidence in the final victory of Islam.
By exposing the defendant, the accusation tried not to affect the actions of the FBI, which three years before the explosions received a warning from Moscow about the possible connections of Tamerlane Tsarnaev with the Dagestan armed underground. The FBI requested additional information three times, but received no answer from Moscow. They had a conversation with Tamerlane Tsarnaev, nothing suspicious was found, and three months later, according to the service instruction, the case was closed. Nevertheless, his name was listed on the control list. When he ordered a ticket to Russia on January 12, 2012, the flag worked, but he unhinderedly flew there and returned.
We can talk about the unwillingness of the Russian side to cooperate. You can - about the lack of information. “Since the Tsarnaevs did not live in the Russian Federation, they came to Russia from Kyrgyzstan and appeared episodically here, but lived mainly in the USA, the Russian special services, by our great regret, could not provide our American colleagues with operational importance,” President Putin explained the situation.
But there is a clear incompetence of the FBI employees. The agents could not establish the identity of Tamerlane by recording of the video surveillance camera - this was done by the residents of the city, and yet his photo was supposed to be in their database.
These failures could not explain either the investigation of the congress or the general inspector of the Ministry of Internal Security, who published his report in April last year. This report is as if it is compiled on the press materials and does not add anything to the already known facts.
The Congress delegation went to Russia, but could not answer the questions of interest to the public. This is not surprising: the delegation was headed by the congressman, Dan Rolker, known for his sympathies to the Putin regime, and the favorite of the Kremlin and formidable Stephen Sigal organized a meeting of the delegation with Kadyrov (it did not take place for technical reasons).
American lawmakers met with Deputy Prime Minister Rogozin and FSB officers and saw the original message of this FBI department, but could not inform reporters new. The report of the Congress Committee is declassified only partially: all the most interesting places in it are densely smeared with black . Finally, the report of the state of Massachusetts was recently published, analyzing the actions of all services involved in the elimination of the consequences, investigation and capture of terrorists, but nothing is said about the mistakes of the FBI.
From the court, you should not expect answers to all these questions. The court is intended to establish a measure of the guilt of the accused, and not to clarify the entire set of crime circumstances. The court now has a new phase - the sentencing. It takes place in the same format as the stage of establishing guilt. The jury should decide whether Johar Tsarnaev deserves the death penalty or he must be sentenced to life imprisonment without the right to pardon. There are no other options.
It is expected that this second phase will last much longer than the first. The accusation will represent the court aggravating circumstances, the defense - mitigating. The witnesses and relatives of the victims will be called to the witness department, the jury will hear the tragic stories about their suffering and the irreparable loss. But the chances of protection at this stage are increasing.
Massachusetts abolished the death penalty back in 1984. Tsarnaev is judged by the federal court. During the selection of jury, judge George O'Tul took the candidates of all fundamental opponents of the death penalty, which is natural. However, the jury cannot but experience the pressure of public opinion, and the opinion is for preserving Tsarnaev’s life. Last fall, 57 percent of the Boston residents spoke for life imprisonment, 33 for the death penalty. At present, this ratio has changed in favor of Tsarnaev: 62 percent against 27. Active campaign against the death sentence is conducted by the Boston Globe newspaper.
Tsarnaev’s case gave the impetus a new discussion about the death penalty in America. A group of Catholic bishops Boston spoke out against an exceptional measure. In their statement, they quote the recent statement of Pope Francis: "There is no crime in the world for which a person must be punished by death." Dad, in turn, quoted Dostoevsky, more precisely, Prince Myshkin: "To kill for the murder of a disproportionate punishment than the crime itself. The murder of the sentence is disproportionately terrible than the murder of a robber." Bostonians are primarily Catholics. It is difficult for them to ignore the position of the pontiff. The opinions of the victims were divided.
At the time of the crime, Johar Tsarnaev was 19 years old. If he is sentenced to death, he will not become the youngest suicide bomber. In some states, minors are sentenced to (though the verdict is executed years). And yet mercy is the last hope of protection. The deal of the parties can be concluded at any time of the process. But there are no need to conclude it to the prosecutors: there are only two options, and a lifelong conclusion will mean a defeat of the prosecution. Hope for jury. The death sentence must be carried out unanimously. If at least one of the jury votes against the death penalty, Johar Tsarnaev will remain to live.