BOSTON — Dzhokhar Tsarnaev’s lawyers may try to save him from the death penalty in the Boston Marathon bombing by arguing he fell under the murderous influence of his older brother, legal experts say.
The outlines of a possible defence came into focus this week, when it was learned that Tsarnaev’s attorneys are trying to get access to investigative records implicating his brother in a triple murder in 2011.
In court papers Monday, federal prosecutors acknowledged publicly that a friend of Tamerlan Tsarnaev told investigators that Tamerlan participated in the unsolved killings of three men who were found in a Massachusetts apartment with their throats slit, marijuana sprinkled over their bodies.
The younger Tsarnaev’s lawyers argued in court papers that any evidence of Tamerlan’s involvement is “mitigating information” that is critical as they prepare Dzhokhar’s defence.
Dzhokhar Tsarnaev, 20, faces 30 federal charges, including using a weapon of mass destruction, in the twin bombings April 15 that killed three people and injured more than 260. Tamerlan Tsarnaev, 26, died in a gun battle with police days later.
The government is still deciding whether to pursue the death penalty for the attack, which investigators say was retaliation for the U.S. wars in Muslim lands.
Miriam Conrad, Tsarnaev’s public defender, had no comment.
Richard Dieter, executive director of the Death Penalty Information Center, said the defence may be trying to show that the older brother was the guiding force and to argue that the death penalty is too extreme in this case.
“If I was a defence attorney and was seeking perhaps to draw attention to the influence the older brother had in planning the bombing, I would use his involvement in other crimes to show that he was likely the main perpetrator in the Boston bombing,” Dieter said.
Aitan D. Goelman, who was part of the legal team that prosecuted Oklahoma City bombing figures Timothy McVeigh and Terry Nichols, said the defence may be looking to minimize the younger brother’s role.
“I think the mostly likely reason is that if they are arguing some kind of mitigation theory that the older brother was a monster and the younger brother was under his sway or intimidated or dominated by him,” he said.
Investigators have given no motive for the 2011 killings. One victim was a friend of Tamerlan Tsarnaev’s.