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Boston Suspect Is Charged and Could Face the Death Penalty Boston Suspect Is Charged and Could Face the Death Penalty
(about 5 hours later)
BOSTON — Lying grievously wounded in a hospital bed, the surviving suspect in the Boston Marathon bombings admitted on Sunday to playing a role in the attacks, said law enforcement officials, and on Monday he was charged with using a weapon of mass destruction that resulted in three deaths and more than 170 injuries.BOSTON — Lying grievously wounded in a hospital bed, the surviving suspect in the Boston Marathon bombings admitted on Sunday to playing a role in the attacks, said law enforcement officials, and on Monday he was charged with using a weapon of mass destruction that resulted in three deaths and more than 170 injuries.
Uttering the word “no” once, but mostly nodding his responses, the suspect, Dzhokhar Tsarnaev, 19, was charged in a brief but dramatic bedside scene in the intensive care ward of Beth Israel Deaconess Medical Center, where he is recovering from multiple gunshot wounds sustained during his capture last week.Uttering the word “no” once, but mostly nodding his responses, the suspect, Dzhokhar Tsarnaev, 19, was charged in a brief but dramatic bedside scene in the intensive care ward of Beth Israel Deaconess Medical Center, where he is recovering from multiple gunshot wounds sustained during his capture last week.
Mr. Tsarnaev made his admission on Sunday morning to specially trained F.B.I. agents who had been waiting outside his hospital room for him to regain consciousness. After he woke up, they questioned him, invoking what is known as the public safety exception to the Miranda Rule, a procedure authorized by a 1984 U.S. Supreme Court decision which in certain circumstances allows interrogation after an arrest without notifying a prisoner of the right to remain silent.Mr. Tsarnaev made his admission on Sunday morning to specially trained F.B.I. agents who had been waiting outside his hospital room for him to regain consciousness. After he woke up, they questioned him, invoking what is known as the public safety exception to the Miranda Rule, a procedure authorized by a 1984 U.S. Supreme Court decision which in certain circumstances allows interrogation after an arrest without notifying a prisoner of the right to remain silent.
In the course of questioning him about whether he knew of any other active plots or threats to public safety, he admitted that he had been involved in laying the bombs that killed three people at the finish line of the Boston Marathon.In the course of questioning him about whether he knew of any other active plots or threats to public safety, he admitted that he had been involved in laying the bombs that killed three people at the finish line of the Boston Marathon.
He said that he knew of no other plots and that he and his brother had acted alone, and he said he knew of no more bombs that had not been detonated.He said that he knew of no other plots and that he and his brother had acted alone, and he said he knew of no more bombs that had not been detonated.
At the legal hearing Monday, he shook his head in response to most questions. The brief bedside session began when Magistrate Judge Marianne B. Bowler asked a doctor whether Mr. Tsarnaev was alert, according to a transcript of the proceeding.At the legal hearing Monday, he shook his head in response to most questions. The brief bedside session began when Magistrate Judge Marianne B. Bowler asked a doctor whether Mr. Tsarnaev was alert, according to a transcript of the proceeding.
“You can rouse him,” the judge told the doctor.“You can rouse him,” the judge told the doctor.
“How are you feeling?” asked the doctor, identified in the transcript as Dr. Odom. “Are you able to answer some questions?” He nodded.“How are you feeling?” asked the doctor, identified in the transcript as Dr. Odom. “Are you able to answer some questions?” He nodded.
Judge Bowler then read Mr. Tsarnaev his rights. Also present were two United States attorneys and three federal public defenders, who will be representing him. Judge Bowler asked if he understood his right to remain silent, to which he nodded affirmatively, according to the transcript.Judge Bowler then read Mr. Tsarnaev his rights. Also present were two United States attorneys and three federal public defenders, who will be representing him. Judge Bowler asked if he understood his right to remain silent, to which he nodded affirmatively, according to the transcript.
The only word Mr. Tsarnaev uttered, apparently, was “No,” after he was asked if he could afford a lawyer.The only word Mr. Tsarnaev uttered, apparently, was “No,” after he was asked if he could afford a lawyer.
Judge Bowler said, “Let the record reflect that I believe the defendant has said, ‘No.’ ”Judge Bowler said, “Let the record reflect that I believe the defendant has said, ‘No.’ ”
At the end of the session, Judge Bowler said: “At this time, at the conclusion of the initial appearance, I find that the defendant is alert, mentally competent, and lucid. He is aware of the nature of the proceedings.” If convicted, he faces the death penalty or life behind bars.At the end of the session, Judge Bowler said: “At this time, at the conclusion of the initial appearance, I find that the defendant is alert, mentally competent, and lucid. He is aware of the nature of the proceedings.” If convicted, he faces the death penalty or life behind bars.
Mr. Tsarnaev is being treated for what court papers described as possible gunshot wounds to the “head, neck, legs and hand.” One law enforcement officer said the wound to the neck appeared to be the result of a self-inflicted gunshot. The charges were lodged in a criminal complaint unsealed Monday in United States District Court for the District of Massachusetts, the first step in a lengthy process.Mr. Tsarnaev is being treated for what court papers described as possible gunshot wounds to the “head, neck, legs and hand.” One law enforcement officer said the wound to the neck appeared to be the result of a self-inflicted gunshot. The charges were lodged in a criminal complaint unsealed Monday in United States District Court for the District of Massachusetts, the first step in a lengthy process.
The White House said that Mr. Tsarnaev would not be placed in military detention. “We will prosecute this terrorist through our civilian system of justice,” said Jay Carney, the White House press secretary.The White House said that Mr. Tsarnaev would not be placed in military detention. “We will prosecute this terrorist through our civilian system of justice,” said Jay Carney, the White House press secretary.
He noted that it was illegal to try an American citizen in a military commission, and that a number of high-profile terrorism cases had been handled in the civilian court system, including that of the would-be bomber who tried to bring down a passenger jet around Christmas 2009 with explosives in his underwear.He noted that it was illegal to try an American citizen in a military commission, and that a number of high-profile terrorism cases had been handled in the civilian court system, including that of the would-be bomber who tried to bring down a passenger jet around Christmas 2009 with explosives in his underwear.
The charges against Mr. Tsarnaev were made public about the same time that Boston, like many cities across the country, held a moment of silence at 2:50 p.m., the time of the explosions a week before. Hundreds of people gathered in Copley Square, near the scene of the attacks, after which church bells tolled mournfully in a cold, wintry wind.The charges against Mr. Tsarnaev were made public about the same time that Boston, like many cities across the country, held a moment of silence at 2:50 p.m., the time of the explosions a week before. Hundreds of people gathered in Copley Square, near the scene of the attacks, after which church bells tolled mournfully in a cold, wintry wind.
Already, hundreds of mourners had attended a funeral at St. Joseph Church in Medford, Mass., for Krystle Campbell, the 29-year-old restaurant manager killed near the finish line of the marathon. In the evening, hundreds more attended a memorial service at Boston University for Lu Lingzi, 23, a Chinese graduate student who was killed in the bombings.Already, hundreds of mourners had attended a funeral at St. Joseph Church in Medford, Mass., for Krystle Campbell, the 29-year-old restaurant manager killed near the finish line of the marathon. In the evening, hundreds more attended a memorial service at Boston University for Lu Lingzi, 23, a Chinese graduate student who was killed in the bombings.
A service is planned Wednesday for Sean Collier, 26, the M.I.T. campus police officer who was killed in his car Thursday night.A service is planned Wednesday for Sean Collier, 26, the M.I.T. campus police officer who was killed in his car Thursday night.
Mr. Tsarnaev and his brother,Tamerlan, 26, are accused of going on a violent spree that ended in Tamerlan’s death and Dzhokhar’s capture in a boat parked in a driveway in Watertown, Mass. New details were included in the affidavit accompanying the criminal complaint, which also outlined the evidence that law enforcement agencies have collected linking the two suspects to the bombings. However, there was no mention in the affidavit of the killing of the campus police officer, nor any explanation why it was not mentioned.Mr. Tsarnaev and his brother,Tamerlan, 26, are accused of going on a violent spree that ended in Tamerlan’s death and Dzhokhar’s capture in a boat parked in a driveway in Watertown, Mass. New details were included in the affidavit accompanying the criminal complaint, which also outlined the evidence that law enforcement agencies have collected linking the two suspects to the bombings. However, there was no mention in the affidavit of the killing of the campus police officer, nor any explanation why it was not mentioned.
The affidavit, sworn by Daniel R. Genck, an F.B.I. special agent assigned to the Joint Terrorist Task Force in Boston, cited surveillance video as it detailed the movements the brothers made around the time of the bombings.The affidavit, sworn by Daniel R. Genck, an F.B.I. special agent assigned to the Joint Terrorist Task Force in Boston, cited surveillance video as it detailed the movements the brothers made around the time of the bombings.
In chilling detail, the affidavit described how a man it referred to as “Bomber Two,” whom it identified as Dzhokhar Tsarnaev, could be seen “apparently slipping his knapsack onto the ground.”In chilling detail, the affidavit described how a man it referred to as “Bomber Two,” whom it identified as Dzhokhar Tsarnaev, could be seen “apparently slipping his knapsack onto the ground.”
Video from a nearby restaurant, Forum, showed the bomber remaining in place, checking his cellphone and even appearing to take a picture with it, the affidavit said. Then he seemed to speak into his phone.Video from a nearby restaurant, Forum, showed the bomber remaining in place, checking his cellphone and even appearing to take a picture with it, the affidavit said. Then he seemed to speak into his phone.
“A few seconds after he finishes the call, the large crowd of people around him can be seen reacting to the first explosion,” the court papers said. “Virtually every head turns to the east (towards the finish line) and stares in that direction in apparent bewilderment and alarm. Bomber Two, virtually alone among the individuals in front of the restaurant, appears calm. He glances to the east and then calmly but rapidly begins moving to the west, away from the direction of the finish line.”“A few seconds after he finishes the call, the large crowd of people around him can be seen reacting to the first explosion,” the court papers said. “Virtually every head turns to the east (towards the finish line) and stares in that direction in apparent bewilderment and alarm. Bomber Two, virtually alone among the individuals in front of the restaurant, appears calm. He glances to the east and then calmly but rapidly begins moving to the west, away from the direction of the finish line.”
“He walks away without his knapsack, having left it on the ground where he had been standing,” the court papers said. “Approximately 10 seconds later, an explosion occurs in the location where Bomber Two had placed his knapsack.”“He walks away without his knapsack, having left it on the ground where he had been standing,” the court papers said. “Approximately 10 seconds later, an explosion occurs in the location where Bomber Two had placed his knapsack.”
Just seven hours after the F.B.I. released pictures of the two suspects on Thursday afternoon to the public, one of the suspects emerged in Cambridge, pointing a gun at a man sitting in his car.Just seven hours after the F.B.I. released pictures of the two suspects on Thursday afternoon to the public, one of the suspects emerged in Cambridge, pointing a gun at a man sitting in his car.
The affidavit said that the driver eventually escaped and his stolen vehicle was located soon thereafter in Watertown. As the two suspects drove around, they tossed at least two small homemade bombs from the car window, the affidavit said. When the police caught up with the men on Laurel Street, they engaged in a gunfight.The affidavit said that the driver eventually escaped and his stolen vehicle was located soon thereafter in Watertown. As the two suspects drove around, they tossed at least two small homemade bombs from the car window, the affidavit said. When the police caught up with the men on Laurel Street, they engaged in a gunfight.
At the scene of the shootout, the F.B.I. found more clues: two unexploded bombs and the remnants of “numerous” exploded devices, which were similar to those found at the scene of the marathon bombings — and at least one was in a pressure cooker, the affidavit said. “The pressure cooker was of the same brand as the ones used in the Marathon explosions,” it said.At the scene of the shootout, the F.B.I. found more clues: two unexploded bombs and the remnants of “numerous” exploded devices, which were similar to those found at the scene of the marathon bombings — and at least one was in a pressure cooker, the affidavit said. “The pressure cooker was of the same brand as the ones used in the Marathon explosions,” it said.
As the legal process was playing out, investigators were still working feverishly to determine the motives for the attacks. A lawyer for Katherine Russell, who married Tamerlan Tsarnaev in 2010, said that Ms. Russell found out that her husband was a suspect in the bombings only after the authorities released the photos on Thursday.As the legal process was playing out, investigators were still working feverishly to determine the motives for the attacks. A lawyer for Katherine Russell, who married Tamerlan Tsarnaev in 2010, said that Ms. Russell found out that her husband was a suspect in the bombings only after the authorities released the photos on Thursday.
“She was shocked,” said the lawyer, Amato A. DeLuca. “She had no idea.”“She was shocked,” said the lawyer, Amato A. DeLuca. “She had no idea.”
Mr. DeLuca said that he had been speaking with law enforcement authorities but declined to say whether Ms. Russell had. He also declined to elaborate on whether his client had seen changes in her husband recently. He did say that his client did not speak Russian, so she could not always understand what her husband was saying.Mr. DeLuca said that he had been speaking with law enforcement authorities but declined to say whether Ms. Russell had. He also declined to elaborate on whether his client had seen changes in her husband recently. He did say that his client did not speak Russian, so she could not always understand what her husband was saying.

Katharine Q. Seelye reported from Boston, Michael S. Schmidt from Washington and William K. Rashbaum from New York. Reporting was contributed by Michael Cooper and John Eligon from New York; Richard A. Oppel Jr., Serge F. Kovaleski and Jess Bidgood from Boston; and Peter Baker from Washington.

Katharine Q. Seelye reported from Boston, Michael S. Schmidt from Washington and William K. Rashbaum from New York. Reporting was contributed by Michael Cooper and John Eligon from New York; Richard A. Oppel Jr., Serge F. Kovaleski and Jess Bidgood from Boston; and Peter Baker from Washington.

This article has been revised to reflect the following correction:This article has been revised to reflect the following correction:
Correction: April 23, 2013 Correction: April 24, 2013

An earlier version of this story described incorrectly the rule invoked in the questioning of Dzhokhar Tsarnaev. It is the public safety exception to the Miranda rule, authorized by a 1984 Supreme Court decision; it is not a special Justice Department public safety exception. The article also described incorrectly the location of Watertown, Mass., in relationship to Boston. While the suspects were found in Watertown, several miles from the site of the marathon’s finish line in Boston, the two cities are contiguous at points; Watertown is not “about seven miles west of Boston.”

An article on Tuesday about charges against Dzhokhar Tsarnaev, the surviving suspect in the Boston Marathon bombings, described incorrectly the exception to the Miranda rule that allowed him to be questioned without being told that he had a right to remain silent. It is the public safety exception, authorized by a 1984 Supreme Court decision; it is not a special Justice Department public safety exception. The article also referred incorrectly to the location of Watertown, Mass., in relationship to Boston. While the suspects were found in Watertown, several miles from the site of the marathon’s finish line in Boston, the two cities are contiguous at points; Watertown is not “about seven miles west of Boston.” And a front-page article on Sunday about the investigation into the suspected bombers erroneously stated that the cities are 10 miles apart.