Latest on Boston bombing trial: Jury told to keep open mind

By Associated Press

Published: 14:38 GMT, 21 April 2015 | Updated: 14:38 GMT, 21 April 2015

10:35 a.m.

The judge overseeing the federal death penalty trial of Boston Marathon bomber Dzhokhar Tsarnaev (joh-HAHR' tsahr-NEYE'-ehv) has told jurors they must keep an open mind on what punishment the defendant should receive.

Judge George O'Toole spoke to jurors Tuesday before the start of the penalty phase of Tsarnaev's trial.

He told them they must weigh aggravating factors proven by prosecutors against mitigating factors shown by Tsarnaev's lawyers to decide whether Tsarnaev should be sentenced to life in prison or be executed.

The judge told jurors that if even one of them votes against the death penalty, the sentence will automatically be life in prison.

Three people were killed and more than 260 were injured in the 2013 bombings.

Tsarnaev was convicted of all charges in the guilt phase of the trial.

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10:20 a.m.

About a dozen anti-death penalty protesters are demonstrating outside the federal courthouse as a jury gets ready to hear evidence on what punishment Boston Marathon bomber Dzhokhar Tsarnaev (joh-HAHR' tsahr-NEYE'-ehv) should receive.

Tsarnaev's lawyers and a prosecutor met with Judge George O'Toole Jr. for nearly an hour Tuesday morning as the penalty phase of Tsarnaev's trial was about to begin.

Tsarnaev was convicted on all 30 federal charges against him. The same jury will now hear evidence on whether he deserves life in prison or the death penalty.

Tsarnaev's lawyers say he doesn't deserve death because he was a 19-year-old under the influence of his domineering brother.

Prosecutors contend Tsarnaev deserves the ultimate punishment.

Three people were killed and more than 260 were injured in the 2013 bombings.

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