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‘We just don’t want to hear from him ever again.’

D
zhokhar Tsarnaev’s death sentence was vacated July 31. Hear what Boston Marathon bombing survivors and victims’ family members had to say in the wake of that court decision.

Photograph of Jennifer Kauffman

Jennifer Kauffman

Age: 48

Kauffman was watching the race near Marathon Sports when the first bomb detonated. Among her injuries, which she described at Tsarnaev’s 2015 sentencing, were hearing loss, a heart arrhythmia, internal bruising and swelling, and post-traumatic stress disorder.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

For those who may not be aware, a convicted criminal who has been given the death sentence, has multiple rights to appeal, which can linger for many years. Could you even begin to imagine reliving your worst nightmare that completely shattered your world on every level for many years to come and there’s still no guarantee he or she will have the death penalty enforced? Continuing to pursue a death sentence, for me, keeps the horrific memories of April 15, 2013 alive. I’ve pick up the shattered pieces of my life and I am continuing to do my best to move forward from a place of forgiveness, peace and love in my heart. I continue to strive to rise above that traumatic experience as a better human being. I would like to focus on creating good in the world and I personally do not want to waste any more of my energy pursuing something that is filled with so much heartache, pain, and suffering. Hence why I have asked that the US Attorney’s office stop pursuing the death penalty. I know there are some people who do not agree with me and that is okay. I used to be where they are, so I have no judgement at all. I believe we all have the right to speak up, share our voices, and we each have the freedom to speak our truths even though we may disagree. I only hope we can do so from a place of compassion, kindness and respect for one another.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

I used to believe that what the Tsarnaev brothers did on April 15, 2013 was worthy of being sentenced to death. It wasn’t until I survived the 2013 Boston Marathon bombings, which completely shattered my world, that my views began to change over time.

Today, I have an entirely different perspective. Having lived through the terrorist attack 7.5 years ago, then re-living it again a few years later while the trial took place, I personally want all the terror, pain and suffering to STOP! I want it to stop not only for myself, but for my loved ones, my fellow survivors, victims and their families. I have worked tirelessly to get myself to a place where I am at peace with everything that happened and I want to continue to move forward with my life.

Two weeks ago, when the news broke on all media outlets, I was with my youngest niece and my mom getting ready to have dinner, when we learned the death sentence had been overturned. Like the bombings, there was no warning. It just happened and it feels like a deep wound that was healed has been ripped wide open. Not to mention it is the talk of the town again. I have yet to meet anyone who would want to go through a terrorist attack once let alone umpteen times because it’s been displayed all over the news for the world to see. Words cannot adequately describe how awful it is and from my perspective there is nothing sensational about it. We are humans with hearts and souls who want nothing more to carry on with our lives. I personally do not want the gory details front and center again to inflict more fear and terror among people.

Even though I believe everyone who chooses to commit a horrific crime should be held accountable for their actions. I am also at a place in my life where I simply want to move forward in peace and put this dreadful experience behind me. I want all the pain, suffering, drama, and chaos, that I believe an appeal and even a possible new trial would bring, to come to an end.

Would you attend a second penalty phase trial, and why or why not?

If a second trial were take place, I would not plan to attend, unless I was called to testify or members of my survivor community needed my love and support.

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Photograph of Annette Emerson

Annette Emerson

Age: 66

Emerson attended the Marathon in 2013 to watch her partner and cousin race. She had just left Forum restaurant when the second bomb detonated. She said she has hearing loss, tinnitus, and post-traumatic stress disorder. Emerson delivered an impact statement at Tsarnaev’s sentencing hearing in 2015.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

I was in court that day. I made an impact statement. However, I was all for [the death penalty] then, but I still kind of had an apprehension. Now, no. I don’t want to see it again because this is my thought. My thought is if it’s another death penalty, they are going to reopen it and appeal, appeal, appeal and this nasty wound is going to keep opening. It’s going to keep coming to light. Let’s get on with our lives. I also think of the people who lost people, like the Richards, and other people. Why are they having to go through this again? This is not fair to none of us, especially them.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

Oh, absolutely. They can continue to do appeals and it’s going to keep opening this up and bringing this forth. We’re all going to have to deal with this again. Everybody wants to go on with our lives, we don’t want this in the background. They want it to be gone.

Would you attend a second penalty phase trial, and why or why not?

Maybe, maybe not. If I did, and [Tsarnaev] wasn’t there, that would be great. But that’s the main thing. I don’t want to go and bring back a lot of memories, or things that I’ve tried to move on with. I don’t want to reopen those.

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Photograph of Mikey Borgard

Mikey Borgard

Age: 29

Borgard was walking home from working at Fenway Park when he reached the Back Bay during the bombings. He has hearing loss and a traumatic brain injury.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

I’m torn. The penalty phase of the original trial did not adequately develop Jahar’s “mitigating factors” argument. The defense left out (or were ordered to withhold) details that were crucial to this argument, including information about the triple homicide that Tamerlan committed on Sept. 11, 2011. We learned very little about Jahar’s upbringing or Tamerlan’s imposing nature, despite his attorneys’ attempts to paint a picture of dysfunction and manipulation. We never truly understood why. On top of that, court documents show that multiple members of the jury compromised themselves before or during the proceedings. Jahar did not receive a fair trial, and for that reason, I think he deserves another penalty phase. Our justice system must work fairly for everyone. I do hope, though, that we can stop here. Life imprisonment is punishment enough.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

For most of my life, my opinion on the death penalty has been largely ambivalent. Daniel Lewis Lee’s execution back in July was the first federal execution in seventeen years. I’m only 29. The death penalty wasn’t on my radar when I was a child. When Jahar’s trial started, I knew the government had an abundance of evidence and I knew that he would be found guilty. It wasn’t until we reached the penalty phase that I realized how deeply uncomfortable the concept of capital punishment made me. No amount of evidence justifies taking a life, just like no amount of hate or persuasion or indoctrination justifies Jahar’s actions. Until this latest decision, I was angry that I would be complicit in his death.

Would you attend a second penalty phase trial, and why or why not?

Yes. It is my duty.

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Photograph of Loretta Kehayias

Loretta Kehayias

Age: 70

Lived on street where the Watertown shootout happened.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

I hope he does get the death penalty. I can’t understand how they would use our money to have another case — another trial, and attorneys. He did it, he admitted to it. He’s in jail. Why all this again? That’s what I don’t understand, I can’t understand it. It’s not fair to the people who have already been through it. I think it’s like a slap in the face for those people. There’s no reason. Just move on and keep him there. I don’t even think he should be acknowledged. I want him to get the death penalty, yes, but not go through all this trial and everything all over again. They should keep it the way it was. Bottom line. Leave these people alone, let them rest.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

No. No. Someone said “before you can rest yourself, you gotta forgive.” You know something? I can’t forgive someone who did that mess and put us in turmoil for how many days here and after they got him there was still more. No I can’t. Maybe you think I’m a terrible person as well, but you know something, I just can’t do that.I can’t forgive him for what he did … too many people were hurt. People died. People — you know, those people without their legs, they did that. For that, I am sorry. You’ve got a price to pay. Everybody has a price in this world.

Would you attend a second penalty phase trial, and why or why not?

I was supposed to testify [at the first trial] and I didn’t have to in the end. We were on our way out the door and they called and said you don’t have to go. My husband and myself. I was kind of relieved. [This time] I think I would. I would love the chance to sit down in front of him and just say to him “Why?” Right. In. Front. Of. Him. That’s my thing. Why? What provoked you to do this? Everybody says it was your brother who pushed you into it. Did he have that much influence on you as a person? I don’t think so … I do not believe that his brother manipulated him so much that he just went along with the whole thing — that I won’t believe.

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Photograph of Helen Zhao

Helen Zhao

Age: 49

Aunt of Lingzi Lu, who died in the bombing.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

Ideally they should not have overturned the verdict. I hope the next one will come to the same verdict … If we give up, basically we lost to him. We cannot just give up.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

No. I talked to Lingzi’s parents. They were shocked. They were speechless.

Would you attend a second penalty phase trial, and why or why not?

I prefer not to. But we’ll see. It all depends. I can’t say I definitely will not go.

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Photograph of Jenny Chung Greenfield

Jenny Chung Greenfield

Age: 42

A spectator near the finish line, she sustained a deep chest wound in the blast.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

I don’t believe in the death penalty, and I didn’t back then. So I would like it to be done. I think I agree similarly [to the Richard family] to take the death penalty off the table and just spend the rest of his life in prison without any possibility of release or parole. The long drawn-out process, I think that all the years of appeals and having to relive the day and go through testimony again is just unnecessary and traumatic, especially during this time where we are all living through a collective trauma. I think, for me personally, the death penalty is not a way to even have closure to begin with, and I don’t think that years and years of rehashing this will lead to a closure that people are looking for. I also think there are legitimate procedural reasons to not. Just the cost alone of the whole appeal process and the rehashing and the trauma that it will cause for people who have to relive it

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

I do worry about the political nature of this trial and the motive behind that, so that concerns me. But my own personal opinion about the death penalty remains the same and it makes me sad thinking that people have to rehash this.

Would you attend a second penalty phase trial, and why or why not?

I didn’t attend the first one. I think part of that was my own sort of healing to have space and some separation and to focus on the healing at the time. I do think that I have moved on enough to not attend it. I don’t think I would attend again. The only reason I think I would attend would be if it was to be in solidarity or to show support for other survivors.I just think about what does closure mean, and closure is such a personal thing to people and the way that folks find closure is different. For me, personally, I found it a lot through meditation, through acupuncture, therapy, family and friends, and, you know, appreciating now that I have a son.

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Photograph of Laurie Scher

Laurie Scher

Age: 70

Was a volunteer in Medical Tent A tasked with tracking injured runners. Her right ear was blown out by the blast. The bombings left her with post-traumatic stress disorder, tinnitus, and hyperacusis.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

My understanding of this case is that it’s possible for the federal prosecutors to accept the panel’s findings and not hold another trial; rather, have Tsarnaev’s sentence of life in prison without the possibility of parole remain intact. This is certainly my preference. However, I fear that, due to the current political climate, this is not what will happen.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

Another trial, especially if held in Boston, would be devastating to the victims, their families, and the city. We are already in shock over the ruling. Most of us have been reliving that day since the news broke.

Would you attend a second penalty phase trial, and why or why not?

I have never been an advocate of the death penalty, and this ruling hasn’t influenced or changed my feelings about it. It has, however, emphasized how destructive the appeals process in these cases can be. This is why many of us, including and especially Denise and Bill Richard, did not want the jury to hand down a death verdict.

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Photograph of Kevin McWatters

Kevin McWatters

Age: 59

He was running while his wife, Karen Rand McWatters, was with Krystle Campbell by the finish line. She lost her left leg below the knee.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

I would prefer never to see or hear from him again. We knew this was going to happen. The prosecution wanted the death penalty. She said she would be fine with the decision of the jury. She preferred he got life, but she was OK with that, too. She just wants him to go away for life. She doesn’t want a trial. She prefers to never to hear from him again.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

We just don’t want to hear from him ever again.

Would you attend a second penalty phase trial, and why or why not?

I would attend the trial. She doesn’t want anything to do with it. I would want to go to show him that we’re bigger than him, that we’ll see this through.

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Photograph of Liz Norden

Liz Norden

Age: 57

Her sons, JP and Paul, each lost a leg from the second bombing.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

I’m absolutely hoping that they do another trial. I don’t really want to sit through another trial. If they don’t go through the death penalty in this case, what kind of precedent is there? What’s the point of the death penalty? I feel terrible for people who don’t want this. For the love of my two sons, I want to see the death penalty. This is personal to me.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

I’m not a person for an eye for an eye. In this case, he stood up and said he did it. So, I feel this case warrants the death penalty. My feelings haven’t changed.

Would you attend a second penalty phase trial, and why or why not?

I would attend it. I want to see it through the end. There will never be closure, but for myself, I want justice.

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Photograph of Mélida Arredondo

Mélida Arredondo

Age: 54

She was in the grandstand across from Marathon Sports near the finish line. Her husband Carlos helped rescue the wounded.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

From what I understand, I would like for the case to go to en banc proceedings. There, I hope that a decision is made to go right to life in prison. I would not like another penalty-phase court case since this involves bringing all of the injured and families of the deceased. To me, that continues the suffering of the victims. It also means that the door is left open if a death penalty is reached for continued appeals of the verdict.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

I feel more strongly that Tsarnaev should have life in prison. I have spoken to several survivors who feel like their wounds have been ripped wide open again. Every time there’s an appeal of the death penalty the wounds will be reopened.

Would you attend a second penalty phase trial, and why or why not?

Yes, I would and know Carlos would again as well. That might sound contradictory since I feel that wounds have been opened. However, we want to be there with other survivors. We lean on each other. I also want to be present to see the result and, hopefully, the end.

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Photograph of Lynn Julian Crisci

Lynn Julian Crisci

Age: 43

Was injured by the first explosion. She suffered a brain injury, hearing loss, partially dislocated shoulders, a lower back Injury, and severe post-traumatic stress disorder.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

The fact remains that we would NOT like to see the Boston Marathon bomber, or even hear of him, ever again. With that in mind, I would like to see the death penalty, and all the decades of appeals that come with it, taken off the table. Let him serve his life in prison… and let us live our lives in peace.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

Being a survivor of a terrorist attack has definitely been a learning curve. I used to be a supporter of the death penalty, particularly for mass murderers. Upon learning that they are entitled to decades of appeals, I am no longer in favor of the sentence. Every appeal, every new trial, picks the delicate scabs off our open wounds. Just like on 4/15/2013, we are now bleeding all over again… Only this time, emotionally.

Would you attend a second penalty phase trial, and why or why not?

I am not sure if I would attend a second penalty-phase trial or not. Even though it’s seven years after his unthinkable attack, I am still in treatment for TBI, FND and PTSD. Many of us will be in recovery for a lifetime. I still see medical professionals five or more times every week to treat my injuries, both physical and mental. The community needs to understand that this was one day for them… but it goes on a lifetime for us.

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Photograph of Beth Bourgault

Beth Bourgault

Age: 65

Shrapnel that hit her leg severed muscles and nerves and she also suffered a ruptured eardrum from the noise of the explosions. Her husband, Michael, suffered burns and ear injuries.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

I was disappointed the first time around, when he got the death penalty. That upset me. I did want him to get life in prison. I was happy knowing that he would spend another 50-60 years behind bars. My feeling is he was hoping for death, and that he got what he wanted. I was prepared for the appeals, and I knew it would take years. I wasn’t surprised at all that it would be overturned, and they would have to go forward. In the end, I would still like for him to spend the rest of his life in jail. I would prefer the prosecutor decide not to go forward and pursue another penalty phase. Because, I think, in the end, it wouldn’t matter. There would be another appeal, and it will just go on and on.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

My opinion hasn’t changed. I really don’t want him to receive the death penalty. I’d prefer he spend his days thinking about what he did.

Would you attend a second penalty phase trial, and why or why not?

I didn’t attend the trial. I did give an impact statement though. I had no interest in going. I wouldn’t go … it brings it up. I feel bad for the other families who were more severely impacted. I would prefer to leave it alone. I would prefer to let it go and let him rot in jail.

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Photograph of Patricia Campbell

Patricia Campbell

Age: 61

Her daughter Krystle was killed near the finish line of the Boston Marathon.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

I think they should just leave well enough alone. What he did was terrible. He was just as guilty as his brother. But it’s just ridiculous. I don’t understand the system. How much more evidence do you need? I don’t see how the state wastes so much money. The jurors have to give up all the time. I have mixed feelings about this whole thing. I just don’t know. I just don’t think it’s right the way the system is designed, when the evidence is right in front of your face.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

I never really thought the death penalty was great. But if they have the evidence, I support it.

Would you attend a second penalty phase trial, and why or why not?

I went to a few of the hearings. I didn’t want to see the photographs. I was depressed enough. I didn’t need to be depressed anymore. I honestly don’t know.

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Photograph of Rebekah Gregory

Rebekah Gregory

Age: 33

Came to Boston for the first time to watch the race with her 5-year-old son. They were about 3 feet away from where the first bomb was placed. She lost her left leg below the knee and has undergone some 70 operations.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

It’s been hard to answer those questions because I never imagined this coming back up again. And that’s been the hard part, because I feel like we were completely blindsided by all of this. Here we are five years out and we’ve all tried to move on with our lives as best we can, and close that chapter, and it’s all being brought to the surface again and it’s opening up old wounds. I wish that the original ruling would stay in. I don’t want another trial. I don’t want to have to go back to court and potentially testify. I would like to see it overturned and it just be the way it’s been for five years, and let everybody move on with their life versus having to open this up again and go to trial and do this all over.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

In 2015, I feel like there was a part of me that was very angry in court because of the process of seeing him make jokes with his attorney and not acknowledge the jury and do all of these things that showed absolutely no remorse while people were coming in to rehash the worst parts of their lives, specifically the victims’ families. That part really upset me because I knew that he was not sorry for what he’s done, and I think that five years have passed now and we have done our best to heal and move on and grow and learn from things. I don’t have that anger in my heart anymore and I don’t hold a resentment towards things that I can’t change because that doesn’t help me in moving forward with my life. But on Friday, I could not have prepared for the emotion that I felt that day. It felt so sickening to see his face back in the news … [The first time] I actually signed a document saying I wanted the death penalty taken off the table out of respect for the Richard family … they felt that if he got the death penalty there would be all of these different appeals and this would go on forever and no one could ever get away from it. And so, here we are. To me, it’s not about the death penalty or life in prison, because he has been dead to us for the last five years, I closed that chapter of my life and whether or not he lives or dies doesn’t bring back anything — it doesn’t bring back my leg, it doesn’t bring back our sense of security, and the precious lives that we have lost. It’s really just a technicality at this point. I do believe that he needs to pay for what he’s done. When you bring two bombs to the Boston Marathon, you should have severe consequences for that and right now it’s making a mockery of our judicial system and showing that we take more pride in protecting a terrorist’s rights than our own law-abiding American citizens.

Would you attend a second penalty phase trial, and why or why not?

I’ve thought about this question a lot over the last couple of days, and at first my answer was no. I am not opening this chapter again, I can’t do that. But I’ve kind of changed my mind a little bit, because if I refuse to go to trial I feel in my heart that means he’s taken something from me or I still have that fear or that part of me that can’t face it, and I want to face it. And I want to show him and everyone else that I’m stronger as a result of this. If we have to go back to trial, then I want to be there saying that he didn’t defeat me with the rest of the survivors, and I want to offer that support in any way that I can.

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Photograph of Marc Fucarile

Marc Fucarile

Age: 41

Fucarile lost his right leg in the second blast.

How would you like the case against the perpetrator to proceed? Would you like to see another death penalty phase, and why or why not?

They should send it to a higher court and overturn those leftist judges … people didn’t like the outcome of this case. They are going to be fighting it until they get what they want. I don’t think it’s fair … Again it’s crazy to me. There’s right and wrong. His actions were wrong … they’re giving him a victory.

How have your feelings about whether he should be put to death changed since the last trial, or by the ruling two weeks ago? Has it influenced how you feel about the death penalty more broadly?

I still feel that the death penalty should be used in certain cases and this is one of those cases

Would you attend a second penalty phase trial, and why or why not?

One hundred percent. I want to see it happen.

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