Now the real trial can begin

Andrew McCarthy observes that now that the jury in Boston has concluded that Dzhokhar Tsarnaev is guilty on all thirty counts, the real trial can now begin.

When the death penalty is involved, … the jury also imposes the sentence, [which is] usually the task of the trial judge. A death-penalty case is thus a bifurcated trial, and it is the later sentencing phase that really matters.

Read more here.

My big brother made me do it!

Denise Lavoie of the Associated Press reports:

Dzhokhar Tsarnaev went on trial for his life Wednesday in the Boston Marathon bombing with his own lawyer bluntly telling the jury he committed the crime. But she argued that he had fallen under the influence of his older brother.

“It WAS him,” Judy Clarke, one of the nation’s foremost death-penalty defense attorneys, said of Tsarnaev in a startling opening statement in the most closely watched terrorism trial in the U.S. since the Oklahoma City bombing nearly 20 years ago.

Laying out an argument aimed at saving Tsarnaev not from a guilty verdict but from the death penalty, Clarke said that the defense will not try to “sidestep” his involvement in the “senseless, horribly misguided acts carried out by two brothers.”

But prosecutor William Weinreb pointed out that

After the bombings, Tsarnaev “acted like he didn’t have a care in the world,” the prosecutor said. Weinreb said Tsarnaev went back to the University of Massachusetts-Dartmouth and hung out with his friends.

“While victims of the bombing lay in the hospital and learned that they would have to have their limbs chopped off to save their lives, the defendant pretended that nothing had happened,” Weinreb said.

Tsarnaev’s lawyers have made it clear they will try to show that at the time of the attack, Tsarnaev, then 19, looked up to his older brother, Tamerlan, 26, and was heavily influenced by him. They plan to portray Tamerlan as the mastermind of the attack. He died in a shootout with police days after the bombings.

But prosecutors say Dzhokhar was an equal participant who acted of his own free will. They contend the brothers — ethnic Chechens who arrived from Russia more than a decade ago — were driven by anger over U.S. wars in Muslim lands.

The trial will be split into two phases — one to decide guilt or innocence, the other to determine punishment. If Tsarnaev is convicted, the jury will decide whether he gets life in prison or death.

Clarke, Tsarnaev’s lawyer, has saved a string of high-profile clients from the death penalty, including Atlanta Olympics bomber Eric Rudolph; Unabomber Ted Kaczynski; and Jared Loughner, the man who killed six people and gravely wounded then-Rep. Gabrielle Giffords in a 2011 shooting in Tucson, Arizona.

How did this punk get such a high-powered attorney?