Juror #697 says yes based on what he saw in the media.
"It portrays him as a terrorist," he says.
Juror #697 says that's basically the opinion he had of Tsarnaev before coming to court.
Bruck asks if he thinks anyone convicted of a terrorist crime should automatically receive the death penalty. Prosecution objects. Judge sustains.
Bruck confers with the defense team.
Bruck notes Juror #697 believed Tsarnaev deserved the death penalty before he received his jury summons.
Juror #697 says he believes the death penalty is "necessary" for people convicted of crimes like terrorism.
"I don't think life in prison would be a good enough penalty for that type of crime," he explains.
Bruck asks Juror #697 if he could consider the defendant's background during the penalty phase.
"I don't think the background would come into play," he says.
Defense says they're done with questions.
Judge thanks him and he leaves.
Judge notes there aren't many jurors to discuss today. The attorneys agree to return to Courtroom #9 in 15 minutes when they will debate today's pool in closed session.
The court interviewed eight jurors today --- and 256 overall since voir dire started January 15th.
Tsarnaev enters courtroom. Dressed in very hip clothes today. Black blazer, open collared burgundy shirt. Looks like a typical 21 year old hipster.
Motion hearing is set to begin
Govt to start w/ argument over eliminating mitigating factors in guilt phase.
What the govt is concerned about...is that the defense will use the guilt phase of the trial to advance its theories of mitigation, says Aloke Chakravarty.
Sentencing factors ought not affect the jury's consideration, Aloke Chakravarty argues.
The defense wants to advance the co-conspirators theory, Aloke Chakravarty tells the judge.
The jury should stay focused on whether Tsarnaev committed the crime, Aloke Chakravarty argues.
David Bruck now up for the defense. This is a conspiracy case, he argues. Info about the relationship btwn the two alleged conspirators is relevant.
They say we can't mention the defendant was 19 years old until penalty phase, Bruck says.
The defendant is the teenage younger brother, Bruck argues as he places the blame for Bombings squarely on older brother Tamerlan.
The govt says motive is extremist, Jihadist ideology, we are entitled to argue it was the defendants love, submissiveness to his older brother, argues David Bruck.
Bruck now talking about research done on juries in capitol cases. How they often make decision on punishment in guilt phase.
It is extremely unlikely this problem of pre judgement can be overcome under those unfair conditions, Bruck argues. He's referring to judge not allowing defense to present mitigating factors in guilt phase.
Judge O'Toole will rule on this later.
Moving on to defense concerns about panels from boat where Tsarnaev allegedly wrote on being brought into courtroom. Defense favors jury seeing boat off site and left in tact.
The context where the writings were made is key, the defense argues. We see no reason why the boat cannot be brought to the courthouse or jury brought to warehouse.
the evidence here is the boat. it's movable and it's very powerful, defense argues.
there's no substitute for seeing the boat...in its entirety, the defense argues.
it's prejudicial for jury to see only part of the boat (where Tsarnaev was found in Watertown).
The boat should be viewed as the boat is our position, defense argues.
Prosecutor Weinreb up now. Argues the boat has been extensively photographed and videotaped
Weinreb says there are a lot of misconceptions about the writings on the boat. He's arguing it's a large boat and cannot be brought to court. it's not easy to see the writing on the boat. Hard to read unless you are in the boat. the boat is filled with dried blood.
There will testimony the defendant was hiding in boat during search and wrote the note, Weinreb tells judge. What the defense really wants the jury to see is a boat riddled with bullet holes, Weinreb argues. He says the note has bullet holes and blood on it that the jury will see.
Lawyers in Boston Marathon Bombing case arguing about whether jury should see Watertown boat in person or view pictures of Tsarnaev's blood note. #wcvb
Judge says he may have to view boat himself before deciding
David Bruck now on to the press conference on the Thursday after the bombings when photos were released of suspect 1 and 2.
The press conference was a dramatic and emotional appeal to the public for help, Bruck says.
Bruck now talking about interview former Boston FBI special agent in charge gave to 60 Minutes and National Geographic and impact on jury
Prosecutor now arguing this press conference was broadcast and then Tsarnaev then went to Cambridge. His actions, prosecutors say, then led to Collier's death and manhunt.