Jurors submit two questions to judge in Tsarnaev trial

Dzhokhar Tsarnaev Found Guilty of Bombing Boston Marathon

The jurors weighing the case against admitted Boston Marathon bomber Dzhokhar Tsarnaev, 12 people now the focus of the most highly watched trial in the citys history, met in secret for just over seven hours on Tuesday in their first day of deliberations and left without a verdict.

The jurors submitted two questions at the end of the day Tuesday, but US District Judge George A. OToole Jr. did not publicly disclose what they were. He plans to go over the questions Wednesday morning when the jury is slated to return and continue deliberating.

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Following closing arguments on Monday, OToole made an announcement that surely startled some of the 18 jurors who sat through 16 days of often graphic testimony: Only 12 of them will decide the case, so six were designated as alternates, who will not deliberate.

The 12 remaining include a legal secretary and a college student, a registered nurse, and an administrative assistant at a computer company. The alternates who will not deliberate are a bookstore clerk, air traffic controller, social worker, actuary, house painter, and salesman.

The six alternates, who had sat through the entire trial so far, are still required to return to court in case they are needed as replacements, but are now separated from the jurors who are deliberating.

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Evidence shows 3 months of planning

Taken as a whole, the evidence suggests that the plan to bomb the Boston Marathon took shape over three months.

The alternates will also sit through the testimony and statements during the second phase of the trial in which the jurors will determine Tsarnaevs punishment.

But for now, jurors must determine Tsarnaevs guilt on 30 charges, 17 of which carry the possibility of the death penalty, for his role in setting off the bombs at the Boston Marathon finish line on April 15, 2013 that killed three people and injured more than 260, including 17 who lost limbs.

In spite of overwhelming media attention, each of the jurors told OToole before they were seated in early March that they could remain open-minded and weigh the evidence presented, and that they could hand out the death penalty if they find it is warranted.

Somebody... has to be held accountable in some regard for what happened, said Juror 83, who had taken a break in college classes and from his job at Best Buy to serve.

I am definitely open to either, he added. I hope [the punishment] serves the purpose of justice.

Reaching unanimous verdicts on the charges Tsarnaev faces might seem a quick task, considering he has already admitted through his lawyers that he took part in the bombings, the killing of an MIT police officer, and a gunfight with police in Watertown where an MBTA police officer was wounded and Tsarnaevs older brother was killed.

But legal analysts say that they expect the jurors, culled from a pool of 1,373 people and vetted in a process that lasted two months, to give the case thorough attention.

The 32-page verdict form that must be completed by the jury includes 30 counts, and several of those contain several sub-questions that ask whether Tsarnaevs actions caused injuries and deaths.

I think both parties in this case want a careful, thoughtful jury, said George Kendall, a New York lawyer who has handled hundreds of death penalty cases, including for the American Civil Liberties Union. I think the government feels very confident in its case in both phases, and I think the defense wants a responsible jury, a thoughtful jury. They dont want the jury taking any shortcuts this time and certainly not the next time.

Galina Davidoff, the director of jury consulting with Magna Legal Services, a litigation consulting firm, added that jurors may also take time simply talking about the case, especially if they followed instructions issued by OToole and did not discuss the case while the testimony was ongoing.

They need to talk about it; its an emotional case; they need to share; they need to get things off their chest, Davidoff said.

They can put those things aside later, but they need to say how they feel, she said.

The jurors will probably want to organize themselves and take a day to review the case before rendering a verdict, she said.

Jurors always take their job very seriously; it brings out the best in people and theyre trying to do the right thing and not rush the process, she said.

During the weeks-long vetting process, the jurors provided some biographical information to OToole, the lawyers and courtroom observers.

Juror 35, who sits in the first row in the seat closest to the judge, works for a state department of energy resources, and told OToole in March that he considers jury duty a civic obligation. Im honored to be eligible to serve, he said during the jury selection process.

Im committed to making my decision based on what you had said was all of the evidence in the case, he said.

Juror 41, a senior administrative assistant at a computer data company, told OToole, Im not one way for the death penalty; Im not one way against the death penalty. To me, I would have to hear the circumstances and the evidence.

Juror 102 is a registered nurse who said she planned to travel soon, but would be able serve on the panel before she left for her trip.

Juror 138 works for a local water department on the North Shore. Juror 229 consults as a social worker and said she can keep an open mind.

She said she felt that theres always so much more than what media coverage provides.

Juror 395 is a legal secretary and has taken copious notes throughout the trial.

Juror 349, who works in fashion product development, has cried several times during the testimony.

Juror 441 is a young man who recently was fired from his job as an auditor. He has looked closely at the video monitors as photos and video of the carnage has been played.

Juror 480 does telecommunications work for a local hospital. He was at work the day of the bombing and recalled, You could feel a buzz that something had happened.

Juror 286 lives in Boston and manages a restaurant north of the city. Being a manager, she said, she could hold someone accountable.

Milton J. Valencia can be reached at milton.valencia@globe.com. Follow him on Twitter @MiltonValencia.

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