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[h=4]Defense lawyer downplays marathon bomber's crude gesture[/h]BOSTON – For a second day in Boston's federal court, prosecutors in the penalty trial for convicted bomber Dzhokhar Tsarnaev appealed to jurors' emotions Wednesday as they pressed for a death penalty sentence.
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The prosecution showed a dramatic photo during the sentencing phase of the Boston Marathon bombing trial Tuesday.
Video provided by Newsy Newslook
Protesters against the death penalty stand in front of the John Joseph Moakley United States Courthouse on April 22, 2015 in Boston.(Photo: Brigitte Dusseau, AFP/Getty Images)
BOSTON – Lawyers for Dzhokhar Tsarnaev on Wednesday downplayed video of the marathon bomber raising his middle finger at a security camera hours before his arraignment in 2013.
It was the first time since the penalty phase of Tsarnaev's trial began Monday that the defense pushed back against the government's case.
Jurors first saw a photo of Tsarnaev showing his middle finger to the camera that U.S. Marshals were using to monitor him. Then they saw video of the incident, during which Tsarnaev paces in his cell, looks into the lens and fixes his hair in the reflection. He then briefly makes what the defense called a "V sign," followed by the middle finger and walks away.
Deputy U.S. Marshal Gary Oliveira watched the monitors as it happened on July 10, 2013. He testified Wednesday as the images were introduced as evidence.
"A person who looks up into the camera would see a reflection of themselves," said Tsarnaev attorney Miriam Conrad on cross examination.
One day prior, the government had said his gesture reflects his "callous" character and his wish to be America's "worst nightmare." But Oliveira suggested Tsarnaev might not have just been looking at himself.
"A lot of times people do that to get our attention," Oliveira said.
"Are you aware of why he made a V sign?," Conrad asked.
"No," Oliveira answered.
"Are you aware of why he raised a middle finger?"
"No."
Conrad repeatedly described his behavior in the video, and the government repeatedly objected.
"Stop characterizing it," Judge George O'Toole finally said. "The jury can see it and they can make their own decisions."
Earlier Wednesday, prosecutors appealed to jurors' emotions as they pressed for a death penalty sentence.
First on the witness stand was Andrew Collier, the brother of deceased MIT security officer Sean Collier, who was killed by Tsarnaev and his brother, Tamerlan, during the manhunt that followed the Boston Marathon bombings of April 15, 2013.
Collier recalled how they teamed up as teens to race go-carts. Andrew would work on them, Sean would race them.
"He was always winning races, made a lot of people mad," Collier said, drawing chuckles in the courtroom.
He described Collier as "a moral compass." He was someone who saw the world clearly in terms of right and wrong.
"He would always do the right thing, down to: 'You can't kill a bug. You can't kill things'," Collier said.
Jurors saw photos of the brothers together as little boys in their pajamas. He recalled how hard it was to get the call saying his brother had been killed.
"I miss everything about him," Collier said.
Joseph Rogers, stepfather of Sean Collier, testified he was "devastated" when the family learned Sean had been shot. He and his wife, Kelly, went immediately to the hospital, where they saw his body.
"My wife was touching him, and the blood was coming off on her hands," Rogers said. She has since been diagnosed with Post-Traumatic Stress Disorder (PTSD) and has been unable to work, he said.
"It's been a terrible two years," Rogers said.
Collier's supervisor, MIT Police Chief John DiFava, told the jury that Collier was among the best officers he's seen in 42 years of police work.
"He relied on the strength of his character," DiFava said. "He always did the right thing."
The MIT community still bears the scars of Collier's murder, DeFava said.
"The grief just has not gone away," said DiFava, who had hired Collier. "I lost one of my own."
Collier was killed days after the bombing that left three people dead and more than 260 wounded. The same jury that convicted Tsarnaev on all 30 counts will determine whether he is executed or serves life without parole.
The defense deferred its opening statement in the penalty phase until Monday. That will give Tsarnaev's lawyers a chance to present their opening immediately before they bring the rest of their case.
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