Metro

Jurors rejected key elements of defense case

Throughout much of their case, Dzhokhar Tsarnaev’s defense team sought to place the most responsibility for the Boston Marathon bombings onto their client’s older brother, Tamerlan, who died in a shootout with police days after the 2013 attack.

“Dzhokhar would not have done this but for Tamerlan,” Judy Clarke, one of Dzhokhar Tsarnaev’s lawyers, told jurors before they began deliberating.

But as the five men and seven women of the jury made their decision that Tsarnaev should be sentenced to death, few of them appear to have put much stock in that argument. Only three jurors said they agreed that Tamerlan was the reason Dzhokhar had committed the crimes.

Advertisement

That information comes from the jurors’ votes on the “mitigating factors” that they considered before deciding on his punishment.

Get Fast Forward in your inbox:
Forget yesterday's news. Get what you need today in this early-morning email.
Thank you for signing up! Sign up for more newsletters here

On their own, the answers don’t explain the decision — if one juror had found a single one of them convincing enough, that person could have voted against the death penalty and Tsarnaev would have been sentenced to life in prison. The answers do, however, give some indication about how the panel viewed elements of the defense’s case.

Here’s a look at the mitigating factors, and how many jurors believed they were proved by the defense:

1. Dzhokhar Tsarnaev was 19 years old at the time of the offenses.

Number of jurors who so find: 12

2. Dzhokhar Tsarnaev had no prior history of violent behavior.

Number of jurors who so find: 11

3. Dzhokhar Tsarnaev acted under the influence of his older brother.

Number of jurors who so find: 3

4. Whether because of Tamerlan’s age, size, aggressiveness, domineering personality, privileged status in the family, traditional authority as the eldest brother, or other reasons, Dzhokhar Tsarnaev was particularly susceptible to his older brother’s influence.

Advertisement

Number of jurors who so find: 3

5. Dzhokhar Tsarnaev’s brother Tamerlan planned, led, and directed the Marathon bombing.

Number of jurors who so find: 3

6. Dzhokhar Tsarnaev’s brother Tamerlan was the person who shot and killed Officer Sean Collier.

Number of jurors who so find: 2

7. Dzhokhar Tsarnaev would not have committed the crimes but for his older brother Tamerlan.

Number of jurors who so find: 3

8. Dzhokhar Tsarnaev’s teachers in elementary school, middle school, and high school knew him to be hardworking, respectful, kind, and considerate.

Number of jurors who so find: 12

9. Dzhokhar Tsarnaev’s friends in high school and college knew him to be thoughtful, caring, and respectful of the rights and feelings of others.

Advertisement

Number of jurors who so find: 11

10. Dzhokhar Tsarnaev’s teachers and friends still care for him.

Number of jurors who so find: 3

11. Dzhokhar Tsarnaev’s aunts and cousins love and care for him.

Number of jurors who so find: 12

12. Mental illness and brain damage disabled Dzhokhar Tsarnaev’s father.

Number of jurors who so find: 12

13. Dzhokhar Tsarnaev was deprived of needed stability and guidance during his adolescence by his father’s mental illness and brain damage.

Number of jurors who so find: 2

14. Dzhokhar Tsarnaev’s father’s illness and disability made Tamerlan the dominant male figure in Dzhokhar’s life.

Number of jurors who so find: 2

15. Dzhokhar Tsarnaev was deprived of the stability and guidance he needed during his adolescence due to his mother’s emotional volatility and religious extremism.

Number of jurors who so find: 1

16. Dzhokhar Tsarnaev’s mother facilitated his brother Tamerlan’s radicalization.

Number of jurors who so find: 10

17. Tamerlan Tsarnaev became radicalized first, and then encouraged his younger brother to follow him.

Number of jurors who so find: 5

18. Dzhokhar Tsarnaev’s parents’ return to Russia in 2012 made Tamerlan the dominant adult in Dzhokhar’s life.

Number of jurors who so find: 2

19. Dzhokhar Tsarnaev is highly unlikely to commit, incite, or facilitate any acts of violence in the future while serving a life-without-release sentence in federal custody.

Number of jurors who so find: 1

20. The government has the power to severely restrict Dzhokhar Tsarnaev’s communications with the outside world.

Number of jurors who so find: 2

21. Dzhokhar Tsarnaev has expressed sorrow and remorse for what he did and for the suffering he caused.

Number of jurors who so find: 2

Andy Rosen can be reached at andrew.rosen@globe.com. Follow him on Twitter at @andyrosen.