BOSTON (CNN) — The jury chosen to decide the death penalty case against accused Boston Marathon bomber Dzhokar Tsarnaev includes 18 people from across the socioeconomic spectrum, but the group is almost exclusively white.
Race has been an issue raised by Tsarnaev’s defense during four unsuccessful attempts to move the death penalty trial from Boston. His attorneys argued that the way the court issues jury summons led to picking a panel that’s older and whiter than the community at large. But prosecutors argued that the jury had been picked properly. And now, the trial is set to begin Wednesday.
It took nearly two months of juror interviews — 256 people over 22 court days — to reach this point.
“The prosecution got exactly what they wanted,” said CNN legal analyst Mark Geragos, who is a criminal defense attorney in Los Angeles.
Middle-aged white jurors tend to be more likely to support death penalty verdicts, he said.
“It’s a target demographic for a death penalty jury.”
Just one juror seemed to combine youth and ethnic diversity. A college student who is taking a break from his studies, he said his mother was born in Iran and converted from Islam to the Baha’i faith.
On Wednesday, prosecutors and defense attorneys are set to lay out their cases in opening statements that will bring back vivid memories of the carnage caused by two pressure cooker bombs that exploded 12 seconds apart at the finish line of the 2013 Boston Marathon.
Three people died in the blasts, and more than 260 people were maimed and injured. A fourth person, an MIT police officer, was ambushed and killed in his patrol car three days after the bombings as Tsarnaev and his brother, Tamerlan, allegedly ran from police; Tamerlan, 26, was killed in a gunbattle with police.
Prosecutors are expected to focus on the compelling stories of the survivors and family members of the victims. Their evidence includes graphic videos and full-body autopsy photos of the victims.
The defense is expected to argue that Tsarnaev was under the sway of his dominant older brother, a former Golden Gloves boxer who married an American and embraced radical Islam.
Will boat be brought to court?
The “Slip Away,” a boat in which Tsarnaev sought cover after the police gunbattle, also is expected to be a key piece of evidence. The prosecution is seeking to remove a panel on which Tsarnaev allegedly scrawled incriminating messages so that jurors can see it with their own eyes.
Assistant U.S. Attorney William Weinreb says the boat is too large to bring into the courthouse.
“This is a very large boat,” he said Monday during a pretrial hearing. “We don’t want the jurors getting into the boat. The boat is filled with dried blood and broken glass.
The defense, however, wants the jury to see the entire boat, complete with bullet holes. Defense attorney David Bruck argued that cutting out a panel would take the written words out of context and wouldn’t fairly reflect Tsarnaev’s state of mind.
Court papers have already given the public a glimpse of several statements Tsarnaev allegedly wrote inside the boat:
“The U.S. Government is killing our innocent civilians,” he allegedly wrote. “I can’t stand to see such evil go unpunished.”
“We Muslims are one body. You hurt one, you hurt us all.”
“Now I don’t like killing innocent people. It is forbidden in Islam but due to said (unintelligible) it is allowed.”
“Stop killing our innocent people and we will stop.”
Jurors say they’ll keep an open mind
Tsarnaev is charged with 30 counts, including conspiring with his brother to detonate weapons of mass destruction at a crowded public event. He and his brother allegedly set off homemade pressure cooker bombs filled with nails and shrapnel near the marathon’s finish line.
Seventeen of the counts carry a possible death sentence. Tsarnaev has pleaded not guilty.
The jurors said they believed he was guilty or were unsure. Nobody said he was innocent. All of them said they’d keep an open mind and base any decision on his guilt on the evidence they heard in court.
“That’s all you have is the ability to filter through and see what’s BS and what isn’t,” a house painter who’s on the jury said.
Massachusetts hasn’t had the death penalty on its books in three decades, and the state hasn’t executed anyone since 1947. But the death penalty is an option because the case is being prosecuted in federal court. Federal law allows for the death penalty as punishment for some crimes, including terrorism.
Some of the jurors were personally opposed to the death penalty, but said they would be willing to keep an open mind and consider it.
“If you had asked me this question 20 years ago, I would have said ‘definitely not,'” said a woman who has a masters degree in social work. Raising kids changed her view, made her “less naïve,” she added. “Sometimes bad things happen out there and there needs to be some consequence.”
Another woman who manages a restaurant, was able to step back from her personal views and consider her job on the jury.
“I don’t feel like I’m sending someone to death or life in prison,” she said. “Their actions got them there, I’m following the law.”
CNN’s Ann Roche, Yon Pomrenze and Chris Welch contributed to this report.