Alysha Palumbo @AlyshaNECN · 13h 13 hours ago
I'm at federal court in South Boston where there will be a final hearing before the #Tsarnaev trial gets underway Wednesday @NECN
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
One of the things expected to be discussed today is proposed jury instructions #Tsarnaev @NECN
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense wants to change language “defendant has pleaded not guilty" in instructions to “defendant is presumed innocent" @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
#Tsarnaev is in court in a black suit with a collared button down shirt. @NECN
Milton Valencia @MiltonValencia · 12h 12 hours ago
In #tsarnaev hearing for final legal arguments b4 trial begins Wednesday. He walks in, better dressed than has been. Looks away from media
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
#Tsarnaev looked confident as he walked into court for what's expected to be the final hearing before Wednesday's openings @NECN
Milton Valencia @MiltonValencia · 12h 12 hours ago
Hearing is for final motions: for instance, govt wants to keep #tsarnaev from presenting mitigation arguments during 1st phase of trial
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
The #Tsarnaev motion hearing has begun. @NECN
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
First the judge is hearing the government's motion for exclusion of mitigating evidence in the guilt phase @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Basically prosecutors are arguing defense will use guilt phase to "advance its theories of mitigation" for penalty phase @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 12h 12 hours ago
Aloke Chakravarty saying don't make guilt phase about Tamerlan, must save that for penalty phase. #tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Government says the 2 phases should be separate. Jury should be allowed to focus on guilt phase first @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 12h 12 hours ago
David Bruck sayin can't sanitize the defense case, can't prevent fact that this case is all about sentencing. #tsarnaev
Milton Valencia @MiltonValencia · 12h 12 hours ago
"The govt has known forever that this case is about sentencing, that's really what we're here for," Bruck says #tsarnaev
Milton Valencia @MiltonValencia · 12h 12 hours ago
Bruck also saying this case is clearly about Tamerlan, who, not for him, "the Boston Marathon bombing would have ever occurred." #tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Govt: "Sentencing factors ought not to affect the jury's consideration with regards to liability" @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Govt says "risk of prejudice & confusion for jury is too high" to allow defense to introduce mitigating factors in 1st phase @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
#Tsarnaev defense says "this is a conspiracy case" & says prosecution's request has never been made before @NECN
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense laying out case saying Tamerlan was "lead conspirator but for whom the marathon bombing would never have happened" @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 12h 12 hours ago
Bruck saying "domination by, love for, adoration for, submission to" his older brother would be evidence. #tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense: large part of motive was defendant's "domination by, love for, adoration of, submissiveness to his older brother" @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense atty keeps harping on the fact that #Tsarnaev was a "teenager" "only 19" - minimizing his role already @NECN
Milton Valencia @MiltonValencia · 12h 12 hours ago
Govt wanted to cut out #tsarnaev writing from boat by panel, defense wants to show jury whole boat, says would show state of mind context
Milton Valencia @MiltonValencia · 12h 12 hours ago
"The evidence here really is the boat...it is very powerful,"William Fick says. #tsarnaev "the boat should be viewed as the boat."
Milton Valencia @MiltonValencia · 12h 12 hours ago
Judge reserving judgment on issue of boat, and also mitigation arguments. #tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Judge O'Toole said he would reserve the right to rule on this motion at a later date @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Now onto defense motion to bar "boat writings" made by #Tsarnaev when he was hiding during #Watertown manhunt @NECN
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense says govt wants to bring panels from the boat into court as evidence @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense says the jury should view the boat in its entirety, says cutouts could be prejudicial, divorced from context @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense says seeing the whole boat, the jury could "imagine #Tsarnaev lying in the boat as one might lie in a crypt" @NECN
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense says if panels were cut out the jury could take it back and look at it during deliberations, could be prejudicial @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Judge O'Toole asks why they can't do both - show the panels & the boat in its entirety. @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Govt: we want to & believe we're entitled to show the jury the actual evidence (some have questioned its authenticity) @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Govt says "context" issues with writings inside the boat has not been articulated by the defense @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Govt says "what the defense really wants the jury to see is the boat riddled with bullets" @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Govt says the boat notes have bullets holes in them, blood, etc. @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Judge reserves judgement on the boat writings as well @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Judge is now hearing defense motion in regards to FBI press conference on April 18th when suspects' photos were released @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 12h 12 hours ago
Defense trying to keep tape of former FBI head Richard Deslauriers emotional press conferencing releasing photos out of evidence #tsarnaev
Milton Valencia @MiltonValencia · 12h 12 hours ago
Bruck saying Deslauriers became a symbol, talked about bombings after retired, has become too much a figure in public #tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense calls FBI press conference "dramatic & emotional appeal to the public for support & help" @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 12h 12 hours ago
Al Chakravarty saying this press conference is important: triggered #tsarnaev to flee/manhunt
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense says Fmr FBI Spec. Agent In Charge Rick DesLauriers appeared on 2 programs making disparaging comments @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense says DesLauriers described video of #Tsarnaev placing a backpack behind Martin Richard "THAT DOES NOT ACTUALLY EXIST" @NECN
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Def: DesLauriers is not a witness but using video tape of press conference allows him to testify w/out being cross examined @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Govt: "it was THIS press conference that WAS broadcast that the defendant responded to" @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Govt says it's happy to provide a "sanitized" version of the FBI press conference. Defense says it sounds like they agree. @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 12h 12 hours ago
Al saying govt can sanitize, Bruck says ok, and Judge saying it is a good idea.
Milton Valencia @MiltonValencia · 11h 11 hours ago
Defense wants to keep autopsy photos of bombing victims out of evidence. Saying, unlike Collier, no disputed cause of death. #tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Next motion covers graphic images from marathon bombing, defense concerned regarding "scope" of images @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense: autopsy photos are "highly sensitive, highly disturbing images" @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 11h 11 hours ago
"They r horrific, they r disturbing, they do not go to any disputed fact in the case," Conrad says #tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense on autopsy photos: they are horrific, they are disturbing, they do not go to any statement of fact @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Defense argues "cause of death is not the issue" @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 11h 11 hours ago
Pros. Nadine Pellegrini saying has to prove deaths by bindings. Gruesome, but most show shrapnel, burns. #tsarnaev
Alysha Palumbo @AlyshaNECN · 12h 12 hours ago
Prosecutor argues government has the burden of proof in this case & the defendant has not conceded to any of the charges @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 11h 11 hours ago
Govt says they have taken steps to block out the private areas of the bodies in the autopsy photos, showing them important @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 11h 11 hours ago
Govt says they have warned the victims' families about the autopsy photos. Judge says he reserves judgement on this too @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 11h 11 hours ago
Judge reserving judgment.
Milton Valencia @MiltonValencia · 11h 11 hours ago
There are some evidentiary issues Judge wants to discuss, but not in public until officially has a jury. Will do in closed session later
Alysha Palumbo @AlyshaNECN · 11h 11 hours ago
Judge says the rest of the motions will be discussed in a 2:30 closed door session to protect the case until jury is sworn @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 11h 11 hours ago
Those are motions dealing with evidence, filed under seal. They'll also discuss mechanics of peremptory challenges @NECN #Tsarnaev
Alysha Palumbo @AlyshaNECN · 11h 11 hours ago
This hearing is now done. We resume with jury selection peremptory challenges 10am Tuesday @NECN #Tsarnaev
Milton Valencia @MiltonValencia · 11h 11 hours ago
So that is it for the day. #tsarnaev
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