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| In this courtroom sketch, Boston Marathon bombing suspect Dzhokhar Tsarnaev is depicted sitting in federal court in Boston Thursday, Dec. 18, 2014, for a final hearing before his trial begins in January. Tsarnaev is charged with the April 2013 attack that killed three people and injured more than 260. He could face the death penalty if convicted. |
BOSTON (AP)
-- Boston Marathon bombing suspect Dzhokhar Tsarnaev returned to court
Thursday for the first time since he was arraigned in July 2013, and he
received a shout of encouragement from the mother-in-law of a man who
was shot and killed while being questioned by law enforcement after the
bombings.
Security was tight at the federal
courthouse in Boston for Tsarnaev's final pretrial conference. Tensions
ran high, and one bombing victim had a testy exchange with protesters
outside.
During the brief court hearing, U.S.
District Court George O'Toole Jr. made no rulings, saying he would rule
in writing on pending motions, including the defense's latest push to
move the trial out of Boston.
David Bruck, one
of Tsarnaev's lawyers, told the judge that the defense plans to file a
motion to delay the trial, which is now scheduled to begin on Jan. 5
with jury selection. Bruck did not say how long of a delay the defense
will seek.
At one point, the mother-in-law of
Ibragim Todashev called out to Tsarnaev in Russian in the courtroom.
Elena Teyer said she told him: "We pray for you. Be strong, my son. We
know you are innocent."
Later, in English, she
yelled to the law enforcement officers escorting her out of the room:
"Stop killing innocent people. Stop killing innocent boys."
Tsarnaev never flinched or acknowledged the shouts.
Three
people were killed and more than 260 were injured when two bombs
exploded near the finish line of the April 2013 marathon. Tsarnaev, who
has pleaded not guilty to 30 federal charges, faces the possibility of
the death penalty if he is convicted.
Tsarnaev,
21, wore a black sweater and gray trousers and had a scruffy beard and a
curly hairstyle similar to the one seen in earlier photos. He smiled to
his attorneys and one patted him on the arm.
The courtroom was packed with FBI agents, police who worked on the case and more than a dozen survivors and family members.
Outside
the courthouse, a man who lost his right leg in the bombings had a
testy exchange with a small group of protesters holding signs supporting
Tsarnaev and questioning whether authorities have proof that he is
responsible for the bombings.
Marc Fucarile
held up his prosthetic leg and moved it back and forth toward the
demonstrators, saying: "That's proof right there."
One of the demonstrators said to Fucarile: "You should care that they get the right guy."
Fucarile replied: "Get a life, lady. Go to work."
At
his last court appearance 17 months ago, Tsarnaev still bore signs of
the bloody standoff with police that led to his capture and the death of
his older brother, Tamerlan. His left arm was in a cast, his face was
swollen and he appeared to have a jaw injury. In court Thursday, he had
no visible injuries.
Tsarnaev's trial is expected to last several months, and seating a jury alone could take several weeks to a month.
Judge
O'Toole questioned Tsarnaev about whether he had waived his right to
appear at previous hearings. Tsarnaev answered in a clear voice: "Yes,
sir."
Asked by the judge if he believes his lawyers had acted in his best interests, he said: "Very much."
Earlier
this month, Tsarnaev's lawyers argued anew that "emotionally charged"
media coverage and the widespread impact of the attacks have made it
impossible for him to get a fair trial in Massachusetts.
O'Toole
had rejected Tsarnaev's first request in September to move the trial,
ruling that defense lawyers had failed to show that extensive pretrial
media coverage of the bombings had prejudiced the jury pool to the point
that an impartial jury could not be chosen in Boston.
Tsarnaev's lawyers previously said the trial should be moved to Washington, D.C.
O'Toole
also rejected a defense request that prosecutors turn over evidence
about his older brother's possible participation in a 2011 triple
killing in suburban Waltham.
In May 2013, the
FBI and Massachusetts State Police were questioning Todashev about that
killing when an FBI agent shot and killed the 27-year-old mixed martial
arts fighter inside his Orlando, Florida, home.
Officials
initially said Todashev had lunged at a state trooper with a knife but
later said it was a pole. Todashev's family has disputed that account.
Prosecutors
have said Todashev told authorities Tamerlan Tsarnaev participated in
the Waltham triple slaying in which the victims' bodies were found with
their throats slit and their bodies sprinkled with marijuana.
