UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA, ) ) v. ) Crim. No GAO ) DZHOKHAR TSARNAEV )

Similar documents
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA, ) ) v. ) Crim. No GAO ) DZHOKHAR TSARNAEV )

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MOTION FOR LEAVE TO FILE REPLY

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA, ) ) v. ) Crim. No GAO

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA ) ) v. ) CRIMINAL NO GAO ) DZHOKHAR TSARNAEV )

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS FOURTH MOTION FOR CHANGE OF VENUE

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA ) ) No. 13-CR GAO v. ) ) ) DZHOKHAR TSARNAEV )

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA ) ) No. 13-CR GAO v. ) ) DZHOKHAR TSARNAEV )

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA, ) ) v. ) CRIMINAL NO GAO ) DZHOKHAR TSARNAEV )

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA, ) ) v. ) CRIMINAL NO GAO ) DZHOKHAR TSARNAEV )

Case 1:13-cr GAO Document 359 Filed 06/09/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Docket No In The United States Court of Appeals For The First Circuit UNITED STATES OF AMERICA. Appellee DZHOKHAR TSARNAEV

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA, ) ) Crim. No GAO v. ) ) ) DZHOKHAR TSARNAEV )

Case 1:13-cr GAO Document 1492 Filed 07/08/15 Page 1 of 11 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Case 1:13-mj MBB Document 15 Filed 04/29/13 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA, ) ) v. ) CRIMINAL NO GAO ) DZHOKHAR TSARNAEV )

Case 1:13-cr GAO Document 648 Filed 11/10/14 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS GOVERNMENT S PROPOSED GUILT-PHASE PRELIMINARY INSTRUCTIONS

Phillips v. Araneta, Arizona Supreme Court No. CV PR (AZ 6/29/2004) (AZ, 2004)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA, ) ) v. ) Crim. No GAO ) DZHOKHAR TSARNAEV )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. (Muir, J.) UNITED STATES' NOTICE OF INTENT TO SEEK DEATH PENALTY

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

Case 2:08-cr wks Document 106 Filed 08/25/2009 U.S. Page DISTRICT 1 of 7 coun: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

Case 1:13-cr GAO Document 418 Filed 07/15/14 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

10 BEFORE THE HONORABLE MARIANNE B. BOWLER UNITED STATES MAGISTRATE JUDGE 11 INITIAL APPEARANCE April 22,

Case 1:13-cr GAO Document 1580 Filed 10/29/15 Page 1 of UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Murder of Eric Smith. Pursuant to the requirements of 18 U.S.C. 3593(a), the United States hereby gives notice that it believes that the

Case 1:13-cr GAO Document 297 Filed 05/07/14 Page 1 of 22 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 1:13-cr GAO Document 717 Filed 12/08/14 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

MOTION FOR PROTECTIVE ORDER PURSUANT TO FED.R.CRIM.P.16(d)(1)

Case 1:07-cr BSJ Document 45 Filed 05/21/2008 Page 1 of 10. PAUL C. BARNABA, : 07 Cr. 220 (BSJ)

Case 1:05-cr RBW Document 387 Filed 07/09/2007 Page 1 of 10 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

SUPREME COURT OF ARIZONA ) ) ) ) Special Action from the Superior Court in Maricopa County The Honorable Peter C. Reinstein, Judge AFFIRMED

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS

Smith v. Texas 125 S. Ct. 400 (2004)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT CHATTANOOGA

Case 5:06-cr TBR Document 101 Filed 03/21/2008 Page 1 of 11 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH

IN THE COURT OF APPEALS OF MARYLAND. Misc. No. 42. September Term, 1999 EUGENE SHERMAN COLVIN-EL STATE OF MARYLAND

Case 1:13-cr GAO Document Filed 12/17/14 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 5:06-cr TBR-JDM Document 202 Filed 03/23/2009 Page 1 of 29

Case 1:13-cr GAO Document 577 Filed 09/24/14 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CRIMINAL NO.

Case 3:02-cv AWT Document 39 Filed 01/08/2007 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) V. ) CR. NO.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION. the United States of America, by and through the

Case 3:16-cv ADC Document 6 Filed 04/20/17 Page 1 of 9 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA GOVERNMENT S NOTICE OF INTENT TO SEEK THE DEATH PENALTY

Pursuant to the requirements of 18 U.S.C (a) and. that it believes that the circumstances of this case are such

COLORADO COURT OF APPEALS 2013 COA 53

Case 1:18-cr AJT Document 57 Filed 03/01/19 Page 1 of 8 PageID# 363

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS MOTION TO STAY JURY SELECTION AND TRIAL

Case 1:08-cr JLA Document 10 Filed 05/19/2008 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

2014 PA Super 149 OPINION BY MUSMANNO, J.: FILED JULY 18, sentence imposed following his convictions of one count each of aggravated

WHAT ABOUT (ALL) THE VICTIMS? -- THE ADMISSIBILITY OF EXECUTION-IMPACT EVIDENCE IN CAPITAL SENTENCING HEARINGS. Virginia Bell W&L 09L May 1, 2009

Case 2:08-cr GER-DAS Document 36 Filed 05/13/2009 Page 1 of 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case 4:14-cr JPG Document 92 Filed 04/21/15 Page 1 of 5 Page ID #369 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

Case 4:04-cr WRW Document 416 Filed 10/31/2007 Page 1 of 11 U S. DIS i iilc I C(;CII?.I EAST LtiN I11S I t<i(; I i\l<k!

Case 9:06-cr DTKH Document 311 Entered on FLSD Docket 02/20/2008 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

DONALD SCOTT TAYLOR, is convicted of one or both of the capital offenses relating

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH (Filed Electronically) CRIMINAL ACTION NO. 5:06CR-19-R UNITED STATES OF AMERICA,

REPLY BRIEF OF THE APPELLANT

ORDER ON ARRAIGNMENT

Case 3:15-cr AJB Document 11 Filed 06/10/15 Page 1 of 4

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

NOT DESIGNATED FOR PUBLICATION. No. 113,051 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, TRAVIS NALL, Appellant.

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA Civil Division : : : : : : : : : PLAINTIFFS FIRST SET OF INTERROGATORIES

Court of Appeals of Ohio

Case 1:13-cr GAO Document 1241 Filed 04/04/15 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER

IN THE SUPREME COURT OF THE STATE OF FLORIDA SUPREME COURT CASE NO. SC TH DCA CASE NO. 4D

Religious Beliefs, Motion for Voir Dire on Sentence Length, and Motion for Voir

THE GOVERNMENT S MOTION AND MEMORANDUM OF LAW IN SUPPORT OF A PRETRIAL CONFERENCE PURSUANT TO THE CLASSIFIED INFORMATION PROCEDURES ACT

Case 1:13-cr GAO Document 981 Filed 01/22/15 Page 1 of 19 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

Matter of Martin CHAIREZ-Castrejon, Respondent

Case 1:13-cr DPW Document 240 Filed 06/09/14 Page 1 of 22 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 1:15-cr AWI Document 55 Filed 07/26/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Case 1:18-cr TSE Document 249 Filed 08/17/18 Page 1 of 13 PageID# 5497

IN THE SUPREME COURT OF FLORIDA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Newport News Division

Case 1:11-cr LO Document 41 Filed 02/29/12 Page 1 of 10 PageID# 126 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

v. Criminal No [ELECTRONICALLY FILED] JELANI SOLOMON

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION

SUPREME COURT OF THE UNITED STATES

In the Superior Court of Pennsylvania

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Petitioner, DCA Case No.: 5D

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION DEFENDANT S SENTENCING MEMORANDUM

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO. Defendant I N F O R M A T I O N S U M M A R Y

Plaintiffs, PLAINTIFFS RESPONSE TO INTERVENOR ATTORNEY GENERAL S COUNTER-STATEMENT OF UNDISPUTED MATERIAL FACTS. Defendants. Intervenor.

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY : : : : : : : : : :... O P I N I O N

Case 1:13-cr GAO Document 535 Filed 09/05/14 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No P. versus

Supreme Court of Florida

PETITION FOR WRIT OF CERTIORARI

WILLIAM CALHOUN. IN THE SUPREME COURT OF OHIO Case No STATE OF OHIO. Appellant

UNITED STATES OF AMERICA ) ) v. ) Crim. No GAO ) DZHOKHAR A. TSARNAEV, ) Defendant )

Transcription:

Case 1:13-cr-10200-GAO Document 290 Filed 05/07/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA, ) ) v. ) Crim. No. 13-10200-GAO ) DZHOKHAR TSARNAEV ) MOTION FOR INFORMATIVE OUTLINE OF THE GOVERNMENT S EVIDENCE OF AGGRAVATING FACTORS In the defendant s Motion to Strike Duplicative Aggravating Factors filed today, counsel have noted that several of the government s alleged statutory and nonstatutory aggravating factors appear to duplicate one another. For the reasons set forth in the Motion to Strike, duplication of aggravating factors creates a constitutionally unacceptable risk of skewing the sentencing process in favor of the death penalty. However, whether most of these seemingly redundant factors are improperly duplicative cannot be determined until the government discloses at least a summary of the evidence on which they are based. Only then will the Court be in a position to determine whether each factor concerns a separate facet of the defendant s offense, character or record, or whether they are simply calculated to inflate his culpability by re-casting the same facets of his conduct as different sentencing factors. Compelling production of the requested summary or informative outline will also assist the Court in its gatekeeping function, assuring that the heightened reliability standard of capital cases is met. 1 1 See, e.g., Ford v. Wainwright, 477 U.S. at 411; United States v. Chanthadara, 230 F. 3d 1

Case 1:13-cr-10200-GAO Document 290 Filed 05/07/14 Page 2 of 7 In addition, the final nonstatutory aggravating factor in the government s Notice of Intent to Seek the Death Penalty ( Participation in Additional Uncharged Crimes of Violence ) simply alleges that DZHOKHAR TSARNAEV participated in additional uncharged crimes of violence, including assault with a dangerous weapon, assault with intent to maim, mayhem, and attempted murder, on April 15, 2013 in Boston, Massachusetts... and on or about April 19, 2013 in Watertown, Massachusetts. NOI at D. 7, p.7. The allegation does not identify the victims of these uncharged crimes, and omits all other information about the crimes apart from their dates and the cities where they occurred. In addition, the government s insertion of the word including into this allegation permits it to introduce evidence of additional uncharged violent crimes, committed anywhere, in any manner, and on any date that the government may later seek to prove. Such a nonspecific and open-ended allegation fails to provide the timely notice of the aggravating factor.... that the government... proposes to prove as justifying a sentence of death that 18 U.S.C. 3593(a) requires, and is also inadequate to satisfy the defendant s fundamental due process requirement right to reasonable notice of a charge against him. In re Oliver, 333 U.S. 257, 274 (1948). 1240, 1267 (10th Cir. 2000) ( The Supreme Court has made it clear that, because the consequences of a death verdict are so final and severe, this qualitative difference between death and other penalties calls for a greater degree of reliability when the death sentence is imposed. Lockett v. Ohio, 438 U.S. 586, 604, 98 S. Ct. 2954, 57 L.Ed.2d 973 (1978). Consequently, we are required to take extraordinary measures to ensure that the prisoner sentenced to be executed is afforded process that will guarantee, as much as is humanly possible, that the sentence is not imposed out of...prejudice. Eddings v. Oklahoma, 455 U.S. 104, 117-18, 102 S. Ct. 869, 71 L.Ed.2d 1 (1982) (O'Connor, J., concurring). "). 2

Case 1:13-cr-10200-GAO Document 290 Filed 05/07/14 Page 3 of 7 For both of these reasons judicial efficiency in disposing of objections to aggravating factors before trial whenever possible, and basic fairness to the accused the defendant requests the Court to order the government to provide a brief informative outline summarizing the evidence it proposes to present regarding the statutory and nonstatutory aggravating factors listed below. Although there are no specific constitutional or statutory provisions mandating discovery in the context of a death penalty notice, many courts have nonetheless invoked their inherent authority to order more detailed discovery with respect to aggravating factors used to seek the death penalty, reasoning that constitutional guarantees of due process and the right to confrontation entitle a defendant to supplemental notice in connection with aggravating factors in the sentencing phase of a death penalty case. See, e.g., United States v. Wilson, 493 F.Supp.2d 364, 375-76 (E.D.N.Y. 2006) (explaining that courts have inherent authority to order production of more particular information concerning notices of special findings and notices of intent to seek death penalty); United States v. Karake, 370 F. Supp. 2d 275, 279-80 (D.D.C. 2005) ( [I]t has been uniformly recognized that if the death penalty [notice] provides insufficient notice to the defendant, the Court retains inherent authority to require the government to provide more specifics in order to give the defendant the opportunity to prepare for the penalty phase. ); United States v. Llera Plaza, 179 F. Supp. 2d 464, 471-4722 (E.D. Pa. 2001) (concluding that Constitution requires government to provide some notice of type of evidence that it 3

Case 1:13-cr-10200-GAO Document 290 Filed 05/07/14 Page 4 of 7 intends to introduce at sentencing phase in order to provide defendant a meaningful opportunity to present his defense). More specifically, federal trial courts have frequently entered orders requiring the government to produce the type of informative outline requested here. See e.g., United States v. Lujan, 530 F. Supp. 2d 1224, (D.N.M. 2008) (ordering government to provide the defendant with an informative outline regarding several of the threshold and aggravating factors listed in the NOI, including the statutory aggravators of heinous, cruel or depraved, substantial planning, and vulnerability of victim, and the nonstatutory aggravating factors of continuing pattern of violence, lack of remorse and victim impact); United States v. Hammer, 2011 WL 6020157 (M.D. Pa. Dec. 1, 2011) ( In order to ensure that Defendant s due process rights are protected and that the Court can properly screen the information the parties will introduce at the sentencing proceeding, the Court will order the Government to provide Defendant with Informational Outlines of the information it plans to present in support of the intent factors, the statutory aggravating factor... and the non-statutory factors.... The Government should provide in the outline the general nature of the evidence it will seek to introduce in support of the threshold findings and specified aggravating factors. ); United States v. Williams, 2013 WL 1335599 (M.D. Pa. Mar. 29, 2013) (regarding victim impact, the Court will order the Government to provide an informational outline to Defendant, containing: the personal characteristics... it intends to prove; whether the Government intends to present the testimony of any individuals who are not identified by name in the amended 4

Case 1:13-cr-10200-GAO Document 290 Filed 05/07/14 Page 5 of 7 notice; the particularized categories of injury, harm, and loss that it intends to present during the penalty phase; whether the Government has informed the individuals identified by name in the amended notice of the accurate circumstances of... death...; and any other pertinent information Defendant would need to adequately prepare responses during the penalty phase ); and United States v. Pleau, 2013 WL 1673109 (D. R.I. April 17, 2013) ( the Court hereby orders the government to provide an outline of its victim impact evidence to provide a bill of particulars listing the incidents upon which it intends to rely in proving the second nonstatutory aggravating factor, participation in other serious acts of violence and to proffer its evidence in support of other acts of violence, the proffer to include lists of the witnesses it expects to testify in support of each aggravator, brief descriptions of each witness s anticipated testimony, and copies of any out of court documents or exhibits the government plans to introduce. ). The specific aggravating factors for which an informational outline should be provided are these: (a) The evidence of substantial planning by Dzhokhar Tsarnaev (see NOI C. 4, p. 5 (b) The evidence that Dzhokhar Tsarnaev (as opposed to Tamerlan Tsarnaev) select[ed... the] site and targeted the Boston Marathon. (see NOI, D.4, p. 6-7); (c) The evidence that Dzhokhar Tsarnaev made statements suggesting others would be justified in committing additional acts of violence and terrorism, other than the writing found inside the boat (see NOI, D.2, p. 6); (d) The evidence that Dzhokhar Tsarnaev demonstrated a lack of remorse, other than the writing found inside the boat (see NOI, D. 5, p. 7); 5

Case 1:13-cr-10200-GAO Document 290 Filed 05/07/14 Page 6 of 7 (e) Identification and evidence of the uncharged crimes of violence the government intends to prove in aggravation of punishment (see NOI, D. 7, p. 7). As can be seen, this request does not extend to most of the government s alleged aggravating factors, but focuses on only those factors which most readily appear duplicative of each other, or which most obviously demand greater specificity under the notice provision of 3593(c)(1) and fundamental due process. Granting the request for an informative outline as to these five aggravating factors will allow for a narrowing of issues prior to trial, and will thus promote both efficiency and fairness to the accused. CONCLUSION For the foregoing reasons, the Court should require the government to provide defense counsel with a brief informative outline summarizing the evidence it proposes to present regarding the specified statutory and nonstatutory aggravating factors listed above. Respectfully submitted, DZHOKHAR TSARNAEV By his attorneys /s/ David I. Bruck Judy Clarke, Esq. (CA Bar # 76071) CLARKE & RICE, APC 1010 Second Avenue, Suite 1800 San Diego, CA 92101 (619) 308-8484 JUDYCLARKE@JCSRLAW.NET David I. Bruck, Esq. (SC Bar # 967) 220 Sydney Lewis Hall Lexington, VA 24450 6

Case 1:13-cr-10200-GAO Document 290 Filed 05/07/14 Page 7 of 7 (540) 460-8188 BRUCKD@WLU.EDU Miriam Conrad, Esq. (BBO # 550223) Timothy Watkins, Esq. (BBO # 567992) William Fick, Esq. (BBO # 650562) FEDERAL PUBLIC DEFENDER OFFICE 51 Sleeper Street, 5th Floor (617) 223-8061 MIRIAM_CONRAD@FD.ORG TIMOTHY_WATKINS@FD.ORG WILLIAM_FICK@FD.ORG Certificate of Service I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on May 7, 2014. /s/ Judy Clarke 7