Did he use a weapon of mass destruction? did he use that weapon maliciously? did he use it in a public place, in using it were people killed were people injured? those are the questions that relate to the particular counts the jury had to decide. but with regard to all of those counts, if you listen to the testimony from the beginning to the end, the reality is, in those 92 witnesses that the prosecution put forward, i think they established a very compelling case to meet their burden of proof beyond a reasonable doubt that he s guilty. another 30 counts 17 carry the death penalty, is that right? yes, that s correct. and therefore if there s a guilty count as to any one of them it would make him death penalty eligible, of course. but, again, i think that will certainly be a moot point. the verdict will be rendered soon and i think thereafter we ll see he s guilty as to those counts. were there mitigating factors that can spare his life which the defense has been attempting
Case. you heard jeff talking about the mitigators and ago ra and aggravators. which do you think will win out? they have had the chance to hear all evidence evaluate the three things stand by just a minute. count one, and this is key. conspiracy to use a weapon of mass destruction resulting in death. this would make tsarnaev eligible for the death penalty. he has been found guilty. this is already going to the penalty phase. count two. this is use of a weapon of mass destruction resulting in death, aiding and abetting. this also makes him death penalty eligible. guilty on the second count. joey this may here we go.
After 90 minutes with tamerlan and dzhokhar he managed to escape. i should mention ashleigh 17 of these 30 were death penalty eligible. they re all included in what we ve seen. he s found guilty on 17 of 17 of death penalty eligible charges count can s count. cash ashleigh the key thing is mitigators and aggravators. a lot of people say what exactly is that? why does that matter so much? what a will be presented by both sides here? this is the work judy clark has cut out for her now that we know what the first 17 verdicts are regarding death penalty. here s the u.s. code title 18 part 2, chapter 2, page 28. sorry to get technical, but this
Using a bomb to destroy a public place and destroying public property. two are death penalty eligible. when you look at the verdict sheet, the verdict sheet has the counts that are listed and then they have to vote on subcategories and they wanted to know if they find him guilty of a particular charge do they then have to go to the subcharge. can they say yes he s guilty of using a weapon of mass destruction or find that he killed all of them individually. the judge said they had to be unanimous on all of that. they are asking about conspiracy questions intrigues me. they are thinking very hard about whether the brother convinced dzhokhar tsarnaev to commit these crimes. i like the fact that these jurors are asking questions like this. it certainly is our system at work. these are people who you look at the nature of the heinous act could certainly phone it in and say it s enough for me this person enacted so much devastation upon our community
Durst faces charges in two states. the complications in new orleans will be an issue for the extradition to los angeles. let s get the latest from jean casarez. reporter: monday the district attorney s office filed charges of first-degree murder against robert durst alleging special circumstances. special circumstances are necessary under california to make a case death penalty eligible. the d.a. will determine at a latest date if he will seek death. robert durst said he will not fight extradition to california. he would go to the state and los angeles to face any charges. meanwhile, a source close to cnn says that when durst was arrested saturday night, they found in his hotel room right behind me a large amount of cash, .38 revolver and marijuana. that may be why the district