a.m. the three saw news reports identifying the tsarnaev brothers as the terrorists and reporting that tamerlan tsarnaev, the older brother, was dead. on april 26th, phillipos confessed and law enforcement recovered tsarnaev's backpack from the landfill in new bedford. let's bring in cnn's legal analyst jeffrey toobin to go through all these details because there's a lot of information and there are some unanswered questions. jeffrey, thanks for joining us. shortly before 9:00 p.m. tsarnaev according to one of the suspects arrested today jokes that they should come to his room and take whatever they want. minutes later the three go to the apartment and collect incriminating evidence. are we supposed to really believe that these are unrelated? there remains no admission in this text from the criminal complaint that that was an instruction to take the incriminating evidence but it seems to speak for itself. what do you make of that, jeffrey? >> well, if down the line this winds up going to trial, that would be a jury question. do you think that they just decided on the spur of the