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July 15, 2013

"Marathon bomb suspect asks judge for addition to death-penalty team"

The title of this post is this local report on what would appear to be a sensible and shrwed move by the defense team in the Boston boming case.  Here is how the article starts:

Accused Boston Marathon bomber Dzhokhar Tsarnaev wants to add another taxpayer-financed death-penalty specialist to his legal team — this time, a veteran attorney who helped spare a plane hijacker and a former member of al-Qaeda from execution.

In court papers filed today, Tsarnaev, through his lawyers, repeats an earlier request to appoint David Bruck, a Virginia lawyer whose past clients include Zayd Safarini, serving life for his role in the 1986 hijacking of Pan Am Flight 73 in Karachi, Pakistan; and Mohamed Rashed Daoud al-Owhali, one of four men serving life for the 1998 bombing of the United States embassy in Nairobi.

Tsarnaev’s legal team already includes Judy Clarke, who helped negotiate life sentences for Unabomber Ted Kaczynski and Olympic bomber Eric Rudolph.

“If this case did not present ‘exceptional circumstances’ justifying appointment of an additioanl lawyer learned in the law applicable to capital cases ... no case would,” Clarke wrote in her motion. “Media reports have described the global scope of the investigation, involving hundreds of agents and witness interviews. Counsel expect that the amount of discovery that this investigation will produce will be truly massive. Thus even were this not a potentially capital case, the magnitude of the task confronting Mr. Tsarnaev’s attorneys would be daunting.”

Tsarnaev, 19, pleaded not guilty in federal court last week to 30 charges, 17 of which carry the death penalty. His legal team tried to add Bruck to its ranks back in April. At that time, a judge denied the request but promised to review it after his indictment.

July 15, 2013 at 04:04 PM | Permalink


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Prof. Berman writes that it is a "sensible and shrewd move by the defense team" to seek the appointment of David Bruck. Indeed. Judy Clarke and David Bruck would make a formidable team and give Mr. Tsarnaev a fighting chance to avoid the death penalty.

Posted by: Michael R. Levine | Jul 15, 2013 6:36:29 PM

This case is not a sports competition. Any judge allowing the antics of these pro-terrorist traitors should be removed. The lawyers are traitors to the nation. They should be shunned by all product and service providers, and eventually be forced to leave the country. To deter.

Posted by: Supremacy Claus | Jul 16, 2013 4:09:20 AM

The reasons behind his request are twofold. First, the defense wants the best team money can buy. Second, they want to make the trial so expensive and protracted that the government gives in with a non-death deal.

Posted by: Goals | Jul 16, 2013 10:38:58 AM

Frankly, they ought to spend money on some sort of rear end protection device because when he gets into general population in prison this punk face will be what they call "fair game".

Posted by: Liberty1st | Jul 17, 2013 1:24:16 AM

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