why he would have engaged in this behavior. it s not reasonable doubt. it s by a preponderance of the evidence. it is more likely than not, 50 5 1 to 49% and in addition to that, ash li, i should point out does it not even have to be unanimous in term of all the jurors. a juror may find a mitigator where another juror doesn t find a mitigator. simple majority. that makes it a lot easier to get checklists. there are a lot more mitigators than aggravators. tar nay nsarnaev s teachers s and cousins love him. that brain damage disabled his father. scratching my head here. dzhokhar was deprived and needed stability and guidance during his father s i will necessary and father made tamerlan the dominant male anything dzhokhar s life.