Judge Nap: Life in Prison for Boston Bomber Would Be 'Colossal' Defeat for Gov't
Shepard Smith discussed what's going to happen next to convicted Boston Marathon bomber Dzhokhar Tsarnaev.
A jury found Tsarnaev guilty on all 30 charges today, which included conspiracy and use of a weapon of mass destruction -- offenses punishable by death.
The case will now move to a second phase of the trial to decide whether he should receive the death penalty or spend life in prison.
Criminal defense attorney Drew Findling weighed in on "Shepard Smith Reporting," stating that the 20-year-old didn't appear to show any emotion when the guilty verdicts were read against him in court.
"This guy is in the shock of this trial, in the shock of this event," Findling told Smith. "I would not expect him to be crying, particularly when the trial strategy was we're going to concede guilt right from the beginning."
Findling remarked that he thinks Tsarnaev will "show real emotion during the sentencing phase."
Judge Andrew Napolitano told Smith that the government has a burden of demonstrating to the jury that the statutory requirements for death have been met.
"There's about 26 what are called aggravating factors," Napolitano said. "Aspects of his involvement in this that indicate death, the nature of plotting and planning...the innocence of the victims, the particular horrific way in which it was done."
He said that Tsarnaev's lawyers "will argue the 25 or so mitigating factors that he didn't have full consent of the will, that he was somehow under the thumb of the brother, that he had some sort of mental derangement that prevented him doing fully and freely what it is now apparent that he did do."
Napolitano said that the government has to get a unanimous vote in favor of the death penalty in order for him to receive that sentence. During the trial, Napolitano said that Tsarnaev's lawyer, Judy Clarke, "very shrewdly acknowledged the obvious, the evidence of guilt is overwhelming."
He also said that it's estimated the government spent at least $3 million on this case.
"If this jury returns a verdict of life in prison, it will be a colossal and monumental defeat for the government," Napolitano stated.
Napolitano remarked that the prison in Florence, Colo., where Tsarnaev would be sent to is no walk in the park. The prison, which houses "Unabomber" Ted Kaczynski, is roughly 400 feet below the surface of the earth and he would be in a 6 feet by 8 feet cell for 23 hours each day.
Watch the full video above to hear more.
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