Tsarnaev admits guilt, apologizes and is sentenced to death UPDATED BELOW

June 24, 2015

Judge George O’Toole sentenced Dzhokhar Tsarnaev to death today for his role in the Boston Marathon Bombing case. The sentence was not in doubt because he was obligated to formally sentence him to death, given the jury’s death verdict.

Victims who survived and family members of victims who died came to court today to speak at sentencing. Here is a sample of what they said,

Johanna Hantel:

“If have to crawl I am going to run every year. I will not let this sickening act take that away from me.”

Unknown Person:

“I came to the first two days of the trial…the defendant, he sat there blank. I realized, I’m alive, and he’s already dead.”

Krystle Campbell’s mother:

“The choices you made were despicable.”

Officer Sean Collier’s sister:

“I do not know the defendant, nor do I care to know him. He is a coward and a liar. He ran his own brother over with a car. He had no issues shooting mine in the head . . . he spit in the face of the American dream.”

Bill and Denise Richard:

“He chose hate. He chose destruction. He chose death . . . We choose love. We choose kindness. We choose peace. This is what makes us different than him. On the day he meets his maker, may he understand what he has done and may justice and peace be found.”

Dzhokhar Tsarnaev spoke for the first time during the trial.*

“Thank you, your honor….I would like to begin in the name of Allah . . . This is the blessed month of Ramadan, the month of mercy . . . the month to ask forgiveness. I ask forgiveness of Allah & to his creation . . . In trial more of victims given names and faces. All those on witness stand, I was listening. I was listening, I heard strength, patience, dignity. Id like to thank the jury. I would like to apologize to the victims and the survivors. I am sorry for the lives I have taken and the suffering I caused and the damage I’ve done. I have done irreparable damage. I ask Allah for mercy for me and for my brother . . . I pray to Allah to bestow his mercy on you . . . I pray for your relief, for your healing. For your well-being, for your health. Praise be to Allah, the Lord of the world. Thank you.”

*I composed his statement from reviewing hundreds of tweets from the courtroom as they were posted on twitter.

UPDATE: We now have a court transcript of his statement from the Boston Globe:

Thank you, your Honor, for giving me an opportunity to speak. I would like to begin in the name of Allah, the exalted and glorious, the most gracious, the most merciful, “Allah” among the most beautiful names. Any act that does not begin in the name of God is separate from goodness.

This is the blessed month of Ramadan, and it is the month of mercy from Allah to his creation, a month to ask forgiveness of Allah and of his creation, a month to express gratitude to Allah and to his creation. It’s the month of reconciliation, a month of patience, a month during which hearts change. Indeed, a month of many blessings.

The Prophet Muhammad, peace and blessings be upon him, said if you have not thanked the people, you have not thanked God. So I would like to first thank my attorneys, those who sit at this table, the table behind me, and many more behind the scenes. They have done much good for me, for my family. They made my life the last two years very easy. I cherish their company. They’re lovely companions. I thank you.

I would like to thank those who took time out of their daily lives to come and testify on my behalf despite the pressure. I’d like to thank the jury for their service, and the Court. The Prophet Muhammad, peace and blessings be upon him, said that if you do not — if you are not merciful to Allah’s creation, Allah will not be merciful to you, so I’d like to now apologize to the victims, to the survivors.

Immediately after the bombing, which I am guilty of — if there’s any lingering doubt about that, let there be no more. I did do it along with my brother — I learned of some of the victims. I learned their names, their faces, their age. And throughout this trial more of those victims were given names, more of those victims had faces, and they had burdened souls.

Now, all those who got up on that witness stand and that podium related to us — to me — I was listening — the suffering that was and the hardship that still is, with strength and with patience and with dignity. Now, Allah says in the Qur’an that no soul is burdened with more than it can bear, and you told us just how unbearable it was, how horrendous it was, this thing I put you through. And I know that you kept that much. I know that there isn’t enough time in the day for you to have related to us everything. I also wish that far more people had a chance to get up there, but I took them from you.

Now, I am sorry for the lives that I’ve taken, for the suffering that I’ve caused you, for the damage that I’ve done. Irreparable damage.

Now, I am a Muslim. My religion is Islam. The God I worship, besides whom there is no other God, is Allah. And I prayed for Allah to bestow his mercy upon the deceased, those affected in the bombing and their families. Allah says in the Qur’an that with every hardship there is relief. I pray for your relief, for your healing, for your well-being, for your strength.

I ask Allah to have mercy upon me and my brother and my family. I ask Allah to bestow his mercy upon those present here today. And Allah knows best those deserving of his mercy. And I ask Allah to have mercy upon the ummah of Prophet Muhammad, peace and blessings be upon him. Amin. Praise be to Allah, the Lord of the Worlds.

Thank you.


Oscar Pistorius sentencing hearing starts tomorrow

October 12, 2014

Sunday, October, 12, 2014

Good morning:

The Oscar Pistorius sentencing hearing starts tomorrow in Pretoria at 3:30 am EDT. I say ‘starts’ tomorrow because prosecution and defense may each take up to a day or more to present evidence and argument in support of their respective recommendations.

Judge Thokozile Masipa, who found Pistorius guilty last month of culpable homicide for killing Reeva Steenkamp by mistaking her for an intruder and shooting through the door of the toilet cubicle in the bathroom of his upstairs master bedroom suite, can sentence him up to 15 years in prison.

Culpable homicide under South African law is similar to our negligent homicide or manslaughter statutes. Basically, the mental state for this offense is gross negligence, which is committing an act that creates a substantial risk of harm to another person where the failure to be aware of that risk is a gross deviation from the legal duty to exercise due care to avoid harming other people.

Shooting at someone through the closed door of a small enclosed area with no place to hide, such as toilet cubicle in your bathroom, is at least a grossly negligent act, regardless if the person on the other side of the door is an intruder or someone you know. Difficult to imagine that someone who squeezed off four shots through the door did not intend to kill the person on the other side of the door; yet, that is exactly what Judge Masipa decided when she acquitted Pistorius of murder.

Her decision was and continues to be controversial. No doubt the controversy will flare up, if she sentences Pistorius to prison for some number of years but suspends the sentence on condition that he satisfactorily complete a term of supervised probation. Terms of probation typically include no law violations and an obligation to perform community service. Counseling may also be required, if needed. In the United States, judges also can impose up to a year of confinement in a county jail.

If the defendant violates a condition of probation, the judge can revoke probation and impose the prison sentence that she suspended.

In determining what sentence to impose on Oscar Pistorius, Judge Masipa also will consider a presentence report and recommendation by an official of the court based on a review of the police investigation file and research of his past, including any prior convictions and contacts with law enforcement. In the United States, the presentence division of the probation department prepares that report and recommendation.

Only Judge Masipa knows what she is likely to do, but I imagine she will impose an 8 to 12 year prison sentence. Whether she admits it or not, she must be concerned about public criticism of her decision to acquit Pistorius, and as a black person, no one should be more aware than she of the disparity in punishment for blacks compared to privileged whites.

Tell us what sentence would you impose and why you would impose it.

Do you believe he has an alcohol and/or anger management problem?

Why or why not?

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