Boston Marathon trial juror addresses death penalty decision

The Boston Globe moved for public disclosure of the names and addresses of trial jurors in the federal trial of Tsarnaev in connection to the 2013 Boston Marathon bombings and subsequent manhunt.

U.S. District Judge George O’Toole wrote that media attempts to interview the jurors, which likely would follow the release of their names, could interfere with attempts to determine whether the trial was fair. Fagan is believed to be the first juror to speak publicly using his name. A federal judge, following the jury’s recommendation, sentenced Tsarnaev to death. “But then again, if I knew that I wouldn’t be on the jury either”, Fagan said in the interview.

The jurors were ordered to avoid social media and press throughout the trial.

He is co-authoring an e-book about his experience titled “Juror 83 – The Tsarnaev Trial: 34 Days That Changed Me” that is expected to be released at the end of September. His older brother, Tamerlan who also had been sought in the bombing, died after a shootout with police.

O’Toole Jr. on Monday rejected a request by the Globe to release the jurors’ names – a typical court practice in most cases.

Richard’s parents, Bill and Denise, in April had urged prosecutors to drop the pursuit of the death penalty, which required a second round of witness testimony.

Such motions are standard procedure after any criminal conviction, but Tsarnaev’s lawyers have argued that their request is based on their concern that the jurors, all from Eastern Massachusetts, were influenced by publicity before and during the trial.

“He still chose to leave that bomb there for about 4½ minutes”, Fagan said.