Today another status conference took place in the Dzhokhar Tsarnaev case. This was the shortest and probably the least eventful status conference so far, beginning at 10:00 and ending by 10:15.
The Tsarnaev defense team was represented by Judy Clarke, David Bruck, and William Fick, and the prosecution by William Weinreb, Nadine Pellegrini, and Aloke Chakravarty. The two sides shook hands and chatted a bit before Judge George O’Toole took the bench. In the gallery were the usual media and law enforcement officials. Somewhat surprisingly, outside the courthouse were a handful of protesters holding signs criticizing the government’s prosecution of Tsarnaev and the shooting death of Ibragim Todashev at the hands of FBI agents. According to news reports, one of the protesters was Todashev’s mother-in-law. There was a larger than usual security presence, leading some to speculate that Tsarnaev himself might make a surprise appearance (he didn’t).
The status conference provided a few new details about the trial schedule and jury selection process. Witness lists will be due by December 15, the Monday before the final December 18 status conference. Unsurprisingly, the first week of the trial, which will begin on January 5th, will be “consumed with jury selection,” according to Judge O’Toole. No one will have to worry about calling witnesses until the next week or later. Jury selection will be, in Judge O’Toole’s words, a “rolling admissions policy.” Groups of potential jurors will come in and fill out questionnaires, some will advance to individual voir dire, some of these will be disqualified for cause or through the exercise of peremptory challenges, and once enough have made it through this step, they’ll be seated on the jury and the process will be done. Judge O’Toole said that the court will need at least 1000 people to fill out questionnaires. He predicted that about 10% of these will make it through to the individual voir dire stage, leaving a pool of 100 to be whittled down further through challenges for cause and peremptory challenges. When asked by Attorney Weinreb, Judge O’Toole mentioned that there’s a chance that jury selection will be delayed one day, to January 6th, if there are other jury trials beginning on the same day.
Additionally, Judge O’Toole decided to deny without prejudice the defense motion to suppress the statements that Tsarnaev made while being questioned by investigators at Beth Israel Hospital. The government is not planning to use these statements as evidence in its case in chief.
Finally, at the end of the hearing, Attorney Fick mentioned the recent Newsweek article by Michele McPhee about Tsarnaev’s family and the women in his life. He cited this as another example of the “troubling leak issue” that the defense team has complained to the court about before, and mentioned that the article cited “high-level law enforcement sources,” despite repeated warnings from the judge and U.S. Attorney against speaking to the press. He said that he plans to make an official submission to the court about this article in the near future. Judge O’Toole said that he hadn’t seen the article but would look into it.
The next status conference is scheduled for November 12th at 10:00. The parties will likely discuss the defense team’s motion to compel the prosecution to turn over documents related to the 2011 triple murder in Waltham and Tamerlan Tsarnaev’s suspected involvement in it.