the prosecution seizes on moments like that saying these are signs that this is a kid who had love and support and confidence and still chose to make the decisions that he made and that is why the prosecution says that the death sentence is the only just sentence. is anyone on the jury giving away as to how all of this is going over? you know it s very tough to tell. unlike the first phase of this trial, the verdict phase of the trial, and unlike the first phase of the penalty phase when prosecution called forth those witnesses, they have a lot of witnesses, victims, survivors, who were speaking very emotionally in great detail about the pain and the suffering that had been inflicted on them. at those times you would see the jury really have an emotional and advisevisible reaction. the defense doesn t have those witnesses to draw from. they are looking for humanizing moments in which someone will see dzhokhar as a human that should be sentenced to life in prison and not the death
that are conspiracy you ve got 27 counts that are these so-called substantive counts. that can mean that it is the defendant who carried them out or simply that he was involved in them. all of these counts have language pertaining to aiding and abetting. you ll know that that s a large part of this case. you have these two brothers who the prosecution said carried out these crimes together. you have the defense that said really, it was tamerlan s idea and dzhokhar followed. in the verdict phase of the case what matters is whether the defendant was involved in each of these acts whether he aided and abetted, whether he con conspired conspired. there is language here that the jury does need to fully understand. that coupled with the 96 witnesses that they heard from. so they re going to want to review a lot of this testimony. there are hundreds of pieces of evidence that they have access to. and also carol, we ve all been out here for weeks talking about what s going on in that courtroom
from the defense. remember, jake the defense only put four witnesses on the stand during the verdict phase of this trial. it will be their job to convince juror that s tsarnaev s life should be saved. they ll be making the argument that we ve begun to hear, that tamerlan was the mastermind, dzhokhar was easily influenced. you ll hear much more about his background, about his family, why they say he was struggling in school, why he was particularly susceptible to tamerlan in this case, jake. axe and ra, thank you so much. also in massachusetts, a just learned a jury will pick up deliberations again tomorrow in the aaron hernandez trial. it started about an hour ago before the panel was dismissed. the former patriots star is on trial for the murder of odin lloyd. closing arguesments wrapped up earlier today after ten weeks of testimony. we ve heard from hernandez s fiancee and the owner of the patriots, from a nike shoe consultant who testified about air jordans owned by hernandez. we
the prosecution spent weeks calling witnesses testifying in graphic detail about what they had experienced. very compelling. by contrast the defense calls a handful of people. very technical testimony. what are they doing? they re looking past the verdict phase and skipping ahead to the sentencing phase. reporter: the defense for dzhokhar tsarnaev starts with his own attorney admitting in opening statements it was him. it ends with his lawyers calling just four witnesses to the stand. key pieces of evidence presented by the prosecution are proof, the defense says of their theory that tamerlan led, dzhokhar followed. the digital evidence on dzhokhar s computer jihadist materials, elaborate instructions for how to build a bomb, an electronic forensics expert testifies those files were first on tamerlan s computer and transferred to his brother s. it s tamerlan they say, who did the leg work searching a host of incriminating terms. march 4th 2013 he types in
unarmed black man and the jury acquitted him. so the defense attorney says it would not be beyond human nature for her to feel that she needs to win this case. don t forget, of course, in the state of florida, prosecutors are elected. so there may be a little tinge of political pressure, he says, in a case like this. richard. kerry, talk about how the community is reacting now that we re in the verdict phase. we have, again, a black teenager that was killed. we have michael dunn, who is white. how are they reacting now that we re in the verdict stage? reporter: well, it s no short sense to say that people here are waiting on edge to see what s going to happen. not as if they think there s going to be some sort of violent reaction, but that there are people watching this very closely because they want the sense that there is justice here. here is a 17-year-old boy inside a car, by all indications every piece of evidence presented in this case there was never a gun, there was no evid