Judge rejects motion to limit Boston bomb victims' grisly testimony
BOSTON -- The judge in the Boston Marathon bombing trial rejected a complaint from the defense Thursday that survivors' testimony was too gruesome and should be limited in the future.
Defense attorney David Bruck objected to the extent of testimony Wednesday from three women who described their injuries in detail and what they saw on the day of the attack in 2013. Bruck said that under the federal death penalty law, victim impact testimony was supposed to be presented during the second phase of the trial when the jury decides punishment.
Prosecutors denied that any of the survivors gave victim impact testimony and said they merely described what they saw.
Judge George O'Toole Jr. agreed with prosecutors and denied the motion to limit survivors' testimony.
Three people were killed and more than 260 hurt when two shrapnel-packed pressure-cooker bombs exploded near the finish line. Dzhokhar Tsarnaev, then 19, was accused of carrying out the attacks with 26-year-old Tamerlan, who was killed in a shootout and getaway attempt days later. Authorities contend the brothers - ethnic Chechens who arrived from Russia more than a decade ago - were driven by anger over U.S. wars in Muslim lands.
In a strategy aimed at saving Tsarnaev from a death sentence, defense lawyers admitted Wednesday that he committed the crime but argued that he had fallen under the malevolent influence of his older brother.
The first witness to testify Thursday was a policeman who was the first officer to reach 29-year-old Krystle Campbell, one of three people killed after the twin bombs exploded at the marathon.
Officer Frank Chiola said he ran across the street to help the victims as soon as he heard the explosions. As he reached Campbell and began doing chest compressions, he said, smoke came out of her mouth. He said she appeared to be in a lot of pain.
Jeff Bauman walked slowly into the courtroom Thursday using two prosthetic legs. His own were blown off after the first bomb exploded.
An image of an ashen-faced Bauman being wheeled from the marathon with both legs severely injured and bloody became one of the most widely distributed photos after the attack.
Bauman said he saw Tsarnaev's brother just before the two bombs exploded.
"He was alone. He wasn't watching the race," Bauman said. "I looked at him, and he just kind of looked down at me. I just thought it was odd."
Bauman said he later described Tamerlan Tsarnaev to the FBI.