11 Years Ago Today, A Brutal Act of Terror

Opening Arguments

Opening Arguments Media LLC

Harvard, Opinion, Liberal, Law, Politics, Supremecourt, Legal, News, Atheist

4.3 • 3.7K Ratings

🗓️ 15 April 2024

⏱️ 69 minutes

🔗️ Recording | iTunes | RSS

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Summary

April 15th marks two significant events in US history: the 11th anniversary of Tamerlan and Dzhokar Tsarnaev's bombing of the Boston Marathon, and the first day of jury selection in the first criminal trial of a former US President. These two very different situations both share one important legal question: how do you select a jury from a city full of people who not only know a defendant by name but have good reasons to despise them?

Boston residents Matt and Casey share their own memories of the day that changed their city forever before breaking down the trial of surviving bomber Dzhokar Tsarnaev and ensuing appeals of his death sentence to the 1st Circuit and Supreme Court. We examine why the U.S. publicly announced that it would not be reading Tsarnaev his Miranda rights, and debate whether or not the defense should have been allowed to introduce evidence during the penalty phase that Tamerlan Tsarnaev may have participated in a triple homicide two years earlier to prove his influence over his younger brother. What can Clarence Thomas's decision reinstating Tsarnaev's death sentence tell us about how Trump trial judges might handle jury selection? And what might be next following the 1st Circuit's recent findings on juror bias?

1) U.S. v. Tsarnaev indictment

2) Middlesex District Attorney's report on Watertown PD's shootout with the Tsarnaev brothers

3) 1st Circuit's decision vacating Dzhokar Tsarnaev's death sentence (7/31/2020)

4) Supreme Court decision reinstating Tsarnaev's death sentence (3/5/2022)

5) Most recent 1st Circuit decision ordering further hearing on juror bias (3/21/2024)

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Transcript

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0:00.0	I'm sorry which of us went to law school We don't have to work with any lawyer we don't want and that means you're fired.
0:22.8	Why is it only the witnesses must swear to tell the whole truth?
0:30.6	Why isn't the same oath administered to the attorneys?
0:34.0	And there he is, he's nothing.
0:37.0	It's the Emperor without clothes.
0:39.0	Welcome to opening Arguments.
0:43.0	The podcast where a comedian takes lawyers to court.
0:46.0	Don't take ethics advice from Alan Dershowitz.
0:50.0	Hello and welcome to opening arguments. This is episode
0:55.2	1,023. I'm your host Thomas Smith and I'm joined by Casey. I'm going to
1:00.0	introduce you first. How's it going?? Hey, good, how's it going?
1:04.0	It's a pleasure to have you. I'm so excited that I, you know, I relegated Matt.
1:08.0	So, Matt, you're also joining us today.
1:10.0	Yeah, that's right.
1:12.0	I'm pushing through the wall on Marathon Monday.
1:13.6	Beautiful day. Really interesting series. Well, there's several things to cover. First of all, it's
1:18.4	Arlo's birthday, so that was number one. Secondly, it's Tax Day. Thirdly, I remember the other day when we were talking about Trump jury selection starting on both Tax Day and Arlo's birthday.
1:29.0	So I'm sure that is beginning, although obviously we're recording a little bit before that so we're not
1:33.7	bringing any detailed coverage of that but there's something else that is occurring on this day and
1:38.9	it's something Matt you've been talking about wanting to cover on the show for a while that means a lot to both of us because Casey and I've been talking about wanting to cover on the show for a while.
1:42.8	That means a lot to both of us, because Casey and I've been Boston residents for, what,
1:46.1	18 years now?
	...

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