you explain to us all the different steps being taken before they hit, i believe, question number 38 as it pertains to death. yes, brooke. well good afternoon. let me just set the table for you. you have justice o tool on the bench. as i know you ve been talking about, this is not just a raise your hand and come to a decision. there s 24 pages that the jurors have to wade through. the best way to think about it is there are basically four different stages okay. the first one that you just mentioned, brooke is they have to find that he was 18 years or older. that s because of the law from the supreme court. you cannot sentence somebody to the death penalty if they re 18 and under in this country. so second once they establish that and what s happening in the courtroom is the judge has that form in front of him, the 24 pages that the jurors have had to go through and check mark
and he remains in the super max prison in florence colorado to this day. susan candiotti, thank you so much. i m being told the verdict is being read right now inside of the federal courthouse. again, no cameras are allowed inside the federal courthouse. we re waiting for it to get relayed to us. you want he to read a question. the question is tsarnaev was 18 years of age or old at the time of the offense charged under the particular capital count. this is one of the questions they have to work through before they get into the questioning before we discover whether or not he ll be put to death or life in prison. this is a process. it takes a while. let s talk through what s happening right now inside this federal courthouse. mel robbins, if i have you, can
question by question. as they move from one section, it refers them to another. he s going to establish each of the four sections. first being that he was 18 years of age. the second section is the gateway factors. what do the gateway factors mean brooke? they dive a little bit deeper into the level of intent that tsarnaev had in committing these crimes. all they have to do is find one gateway factor. there are four that are listed and all they have to do is find one. i want to point out for everybody that s listening, during the closing arguments, the prosecution was masterful. they spent a ton of time talking about the fact that tsarnaev chose a spot right behind martin richard s family. martin richard is the 8-year-old killed during that attack and his sister had both of her legs
the issue of pretrial publicity in oklahoma city. and that was one of the precedents that tsarnaev s lawyers argued so strenuously for a change of venue in this case. so i don t think it is out of the question that this case could be overturned on appeal but it is important to remember that most cases are not overturned on appeal. and the overwhelming likelihood at this point is that he will be put to death. jeff toobin stay with me. i think at this moment i want to put some pictures up on the screen as i know we re all looking at dzhokhar tsarnaev s face but let s remember those lives lost on that day in april, april 15th 2013. the first three. krystle campbell martin richard, lingzi lu sean
phase. as you ve been hearing, as jean has read through all of these questions they have to answer it s a lot of questions. it s a lot of individual decisions they have to make. so 14 hours is not a very long time. the facts of this case are not really seriously in dispute. i think that s one reason why the jury deliberations moved along so quickly, because there really is no question. the defense conceded that dzhokhar tsarnaev committed this crime effectively. the only issue they have had to consider since day one is the ultimate issue, which is life or death. certainly they are setting the stage with all of these preliminary questions for a sentence of death, but remember they don t have to find death. even if they find aggravating factors unanimously, they are never required to answer the ultimate question in favor of death. so just because we have heard