A middle finger to America: Prosecution open up penalty phase of Boston Bomber's trial with picture of unrepentant killer flipping off cameras three months after his arrest

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A never-before-seen picture of Boston Bomber Dzhokhar Tsarnaev was shown in court today - and it's an image that just might get him killed.

Earlier this month, the 21-year-old was found guilty on all charges related to the April 15, 2013 attacks at the Boston Marathon finish line, and Tuesday marked the beginning of the penalty phase of the trial. 

Over the next several weeks, jurors will hear more evidence and testimonies as they decide whether to sentence Tsarnaev to life in prison or the death penalty.   

Prosecutors gunning to send Tsarnaev to the execution table punctuated their emotionally-charged opening statements this morning by releasing a new picture of Tsarnaev, taken three months after his arrest.

In the picture, Tsaranev wears an orange jumpsuit and puts on a cocky image, offensively flipping off a video camera and puckering his lips in his cell on the day of his arraignment. 

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Life or death: The penalty phase in the trial of Boston bomber Dzhokhar Tsarnaev began Tuesday in federal court, with prosecutors showing a never-before-seen image of the convicted terrorist flipping off a camera in his cell three months after his arrest

Flippant: Prosecutors have not released the picture, since it has not been added into evidence. But sketch artists in court made sure to add the pivotal picture in their Tuesday drawings

Defenders: Members of Tsaranev's legal team enter court on Tuesday for the first day of the penalty phase of the trial. From left: David Bruck, Judy Clarke and Timothy G Watkins 

Controversial issue: Anti-death penalty protesters gathered outside the John Joseph Moakley federal courthouse in Boston on Tuesday

Lead prosecutor William D Weinreb enters court on Tuesday, left. Liz Norden, whose two sons each lost legs in the bombing, pictured left in the right image outside of court. Norden has spoken out saying she is in favor of the death penalty for Tsarnaev 

Near-death experience: Celeste Corcoran testified in court on Tuesday (court sketch above). She lost both of her legs in the bombings, and her husband has been outspoken in his support for the death penalty for Tsarnaev

It's an image Tsarnaev's defense attorneys will now have a hard time countering, as they attempt to portray him as a secondary member in the attack they say was mostly orchestrated by older brother Tamerlan.

In an unexpected move, Tsarnaev's defense attorneys announced today that they would not be giving their opening statements until next week. 

Assistant U.S. attorney Nadine Pellegrini gave the opening statements for the prosecution Tuesday morning in Boston federal court.

She started by showing pictures of the three victims killed by the Tsarnaev bombs and the police officer they shot dead while on the run. 

Pellegrini described Tsarnaev's murder of Krystle Campbell, Lu Lingzi, Martin Richard and Sean Collier as 'unbearable, indescribable, inexcusable and senseless.'

'These victims had time to feel pain, to be frightened, but no time to say goodbye. That is the very essence of terror,' Pellegrini said

During opening statements, Tsarnaev stared straight ahead, refusing to look at Pellegrini.

After speaking about the four victims, Pellegrini unveiled a picture of Tsarnaev standing at the finish line behind a row of smiling spectators - many of them young children. On the ground next to him sits the backpack with one of the two pressure-cooker bombs used in the attack.

Equal partners? Tsarnaev's (right) defense attorneys are expected to argue that he was enticed into the plot by his older brother Tamerlan (left), and therefore a secondary player in the attack. Tamerlan was killed in a shootout with police a few days after the attacks 

Pellegrini told the jury that they should not be swayed by the defense's explanations for why Tsarnaev carried out the attack with his brother.

'You're going to hear tales of family dysfunction, but that's true of millions of people who do not go on to murder a child.

'He's simply callous and indifferent to human life. It's his character that makes the death penalty appropriate and just,' Pellegrini said.

Pellegrini went on to say that Tsarnaev knew innocents would be killed when he started plotting the bombing with his brother, and argues that he doesn't regret what he did.

Tsarnaev 'was and is unrepentant, uncaring and untouched...by the sorrow he has created,' she said.

Pellegrini added that Tsarnaev 'was destined to become America's worst nightmare,' before she unveiled the striking image of the convicted terrorist giving the middle finger.

The government then began calling to the stand what is expected to be a long line of witnesses who lost legs or loved ones in the bombing - including the brother and father of Krystle Campbell, one of the three spectators killed in the attack.

Victims: Three people were killed and more than 250 injured in the twin blasts at the finish line of the Boston Marathon on April 15, 2013 

The first witness was Celeste Corcoran, who made her way to the stand on two artificial limbs. She told the jury that the blast hurled her into the air and left her in such excruciating pain that she wanted to die.

'I remember hearing just blood-curdling screams. I just remember looking around, just seeing blood everywhere, sort of like debris falling from the sky,' Corcoran said.

Corcoran said her husband, Kevin, immediately began applying pressure to her legs, then tied tourniquets using his belt and a belt he got from another man.

'I just remember thinking how awful this was and how this had to stop. This couldn't be real, couldn't be real,' she said.

Applying pressure: Corcoran's then 17-year-old daughter Sydney was also injured in the bombings, and nearly bled to death. Sydney pictured lying on the ground above, receiving medical attention from two men 

Resolve: Corcoran says as she was lying on the ground after the attack, she persevered thinking about how she needed to survive to be with her family. Pictured with her husband on the left, her daughter Sydney on the right in images posted to Facebook 

Corcoran said she quickly regained her resolve to live when she thought of her family.

'Then I was saying, '"Hell, no, I can't die,"' she said. '"I have to be there for my kids. I have to be there for my husband. I have too much living to do. Don't let this be the end. How can this be the end?"'

Two other victims, Gillian Reny and Nicole Gross, also spoke of the horrific scene and their traumatic injuries. 

Reny, a Boston native who is just one year younger than Tsarnaev, says she went to watch her sister Danielle run her first marathon that day. Her family was standing right next to victim Krystle Campbell when the bombs went off and chaos broke loose.

The college student later learned that the explosions caused her tibia (the main bone in the lower part of her left leg) to snap, and she remembers looking down and seeing 'so much blood' she wondered if it could all be hers.

Reliving the painful experience caused Reny to break down in tears on the stand, and prosecutors allowed her a break to drink water and compose herself.

'I was shocked that that much blood could come out of someone. I felt so weak and I was terrified I was going to die,' Reny said.

In pain: Victim Gillian Reny, 20, also testified on Tuesday to describe the moment her left leg snapped in the bombing. Pictured left in her hospital bed, holding her mother's hand as she recovered from her injuries 

Wide awake: Reny says she was in so much pain she thought she would pass out, but 'unfortunately' remained conscious through the ordeal. The young woman now attends college in Pennsylvania

Reny says she was in so much pain that she thought she would pass out, but 'unfortunately' remained conscious for the whole ordeal.

During her testimony, prosecutors played amateur video which shows Reny and her family in the aftermath of the explosions. Reporters in the court said women and children can be heard screaming in pain in the clip.

The third and final victim who took the stand on Tuesday was Nicole Gross of Maryland, who came out to the race to support her mother who was running.

She says her leg was 'blown open' by one of the bombs and she felt like her foot was 'hanging by threads.

While talking to EMTs on the scene, Gross remembers looking up and seeing someone take a picture of her and getting angry. That picture of a dumbstruck Gross laying helpless in a pool of blood was one of the most published photos taken after the attack, and was used on the cover of the New York Daily News and New York Post the following day. 

Incensed: Nicole Gross appears in one of the most published images of the Boston Marathon bombing aftermath. She testified in court on Tuesday and described the moment she fell down, looked up and became angry when she saw a photographer taking her picture

Scarred family: Gross (right) was at the marathon with her sister (left) to watch their mother (center) run the race. Her sister lost part of her left leg in the blasts 

Hospitalized: Gross pictured above with her husband Michael recovering at Brigham and Woman's Hospital On May 10, 2013 - the day she was discharged 

Gross went on to describe her injuries, including damage to her legs and ear drums. Her sister also lost part of her left leg. 

The brother and father of victim Krystle Campbell also testified on Tuesday, to describe the  29-year-old who was one of three killed in the twin explosions, and their emotional memorials caused a few in the jury to tear up. 

Brother William Campbell III was the first to take the stand and spoke about having  a 'mini panic attack' when he called his sisters after hearing about the blast and she didn't pick up. 

The rest of the day was an emotional roller coaster as a nurse called to tell him his sister had survived, only to later call again saying they had made a mistake and confused her ID with that of friend Karen Rand.

'I had a hard time dealing with her death; my family was horrified. You don't know what to say, don't know what to do,' her brother said, adding that he still sometimes picks up the phone to call her before realizing he can't.

Father William Campbell Jr next took the stand to memorialize the daughter who called him every day to check in. 

'Krystle was the light of my life...extremely smart, hard-working, beautiful, every father's dream.,' Campbell said. 

Life cut short: Krystle Campbell, a 29-year-old restaurant manager was one of the three spectators killed in the marathon bombing

Remembered: On Tuesday Krystle Campbell's father and brother, William Campbell Jr (left) and William Campbell III (right), spoke out about her life which was cut short by the Tsarnaev brothers. Father and son pictured above with mother Patty outside their home the day after the bombing

As the two men spoke of Krystle, prosecutors showed the court pictures of the young woman growing up: celebrating her first birthday, before a dance recital, at prom. 

Mr Campbell says he was at home watching the marathon when he heard about the attack, and he remembers getting a bad feeling in his stomach. 

The mourning father broke down in tears as he told the jury how much he misses his daughter. Finishing his testimony, Mr Campbell says the thing he misses the most though is the way Krystle would always make sure hug him each time she left the house.

Three people were killed and more than 260 were injured when twin pressure-cooker bombs exploded near the marathon finish line on April 15, 2013. 

Tsarnaev was convicted of all 30 charges against him on April 8. 

The penalty phase came just days after the parents of 8-year-old Martin Richard, the youngest victim of the bombings, urged the U.S. Justice Department to take the death penalty off the table in exchange for a life sentence with no possibility of release or appeals.

'We know that the government has its reasons for seeking the death penalty, but the continued pursuit of that punishment could bring years of appeals and prolong reliving the most painful day of our lives,' Bill and Denise Richard said in a statement to The Boston Globe last week.

However, in court on Tuesday Judge George O'Toole instructed the jury not to make their sentencing decision based on what they think the victims would want. 

Their decision alone: Above, a sketch from Boston federal court on Tuesday, as the penalty phase for Tsarnaev's trial began. Pictured at the bottom of the sketch are Tsarnaev (far right) and his defense team. Judge George O'Toole spoke to the jury today and told them not to be biased by what sentence they think the victims of the attack would want 

A married couple who lost limbs in the attack also asked the U.S. Justice Department not to pursue the death penalty.

'If there is anyone who deserves the ultimate punishment, it is the defendant. However, we must overcome the impulse for vengeance,' Jessica Kensky and Patrick Downes said in a statement to the Globe Sunday.

Kensky and Downes were newlyweds when two bombs exploded near the marathon finish line on April 15, 2013, killing three people and injuring more than 260. They each lost their left leg. Kensky endured more than a dozen surgeries before having her severely damaged right leg amputated in January.

Others have said they favor the death penalty for Tsarnaev. Liz Norden, whose two adult sons each lost a leg in the bombings, said nothing short of execution is warranted.

BOSTON MARATHON BOMBING VICTIMS WEIGH IN ON TSARNAEV SENTENCING

Life in prison

The Richard Family

Bill and Denise Richard lost their youngest son Martin, 8, in the twin explosions on April 15, 2013. The blast also permanently maimed their daughter, Jane. But the couple do not want to see Tsarnaev executed. 

In an op-ed published in the Boston Globe last week, the couple asked that the government sign a plea deal to send Tsarnaev behind bars for the rest of his life, preventing the continued pain 'years of appeals would undoubtedly bring'.

Against execution: The family of the youngest victim of the attacks, 8-year-old Martin Richard (right), wrote an op-ed in the Boston Globe last week, urging the prosecution to spare Tsarnaev the death penalty. On the right, the Richard family attending the two-year anniversary of the attacks. Clockwise from top left: Denise Richard, Bill Richard, Henry Richard and Jane Richard

Jessica Kensky and Patrick Downe

Kensky and Downes had only been married a few months when they attended the Boston Marathon two years ago. Each lost part of their left legs in the attack, and Kensky eventually had to get her right leg amputated when it didn't heal. 

In a statement to the Boston Globe, the couple expressed their opposition to execution.

'If there is anyone who deserves the ultimate punishment, it is the defendant. However, we must overcome the impulse for vengeance.'

They call their position 'intensely emotional and profoundly practical.'

Revenge is not the answer: The couple were just newlyweds when they each lost limbs in the April 15, 2013 blasts. They spoke out against the death penalty for Tsarnaev in a statement to the Boston Globe. Pictured above competing in the Boston Marathon, one year after the attacks

 

On the fence

Rebekah Gregory

The 27-year-old was one of the more than 250 who were injured in the blasts, losing part of her left leg. On Monday, just days after the two-year anniversary of the attacks, Gregory finished the Boston Marathon, emotionally collapsing at the finish line. 

In an interview last week, she said she still hadn't made up her mind on what sentence she would like see handed town to Tsarnaev.

'I feel like he doesn’t really care,' Gregory said. 'I think the death penalty is ultimately what he wants. So I don’t know - life in prison alone with your thoughts - I think that might be ... I don’t know. I’m glad I’m not the jury.'

Unsure: Gregory lost a leg in the attacks. On Monday, the 27-year-old competed in the Boston Marathon. She told the Boston Globe that she hasn't made up her mind on what kind of sentence she would like to see the jury hand down to Tsarnaev

 

Death penalty

Kevin Corcoran

Corcoran nearly lost his wife Celeste and daughter Sydney when he took them to watch the marathon the day of the attack. Celeste Corcoran lost both of her legs and Sydney nearly bled to death. Corcoran told the Boston Globe that he's concerned about the repercussions of keeping Tsarnaev alive, since the 21-year-old might continue to influence and inspire terrorists around the world.

'If he's dead...end of story,' Corcoran said.

However, Corcoran also acknowledged his state's general opposition tot he death penalty and said he fears he won't see the outcome he wants.

'The political demographic is working against me here in Massachusetts, unfortunately. I don’t believe he will be executed. I can only hope.'

'If he's dead...end of story': Kevin Corcoran's (center) wife Celeste (left) and daughter Sydney (right) were both seriously injured in the bombing. He says he wants to see Tsarnaev executed so that there's no possibility he can continue influencing global terrorism 

Liz Norden

The single mother's two adult sons Paul and JP Norden each lost a leg in the blasts. Last week, she spoke out in favor of execution for Tsarnaev. 

'He destroyed so many families that day and so many lives... I want the ultimate justice,' Norden said. 

Ultimate justice: Liz Norden's (left) two sons (right) each lost legs in the Boston Marathon bombing. She says she wants to see the 'ultimate justice' for Tsarnaev - the death penalty 

'He destroyed so many families that day,' she said. 'I want the ultimate justice.'

Legal experts differ on whether the pleas from victims will persuade the federal government to drop its bid for the death penalty.

'If the Justice Department seriously takes into consideration the feelings of the family members in this case, they have every justification to take death off the table,' said Robert Dunham, executive director of the Death Penalty Information Center.

But New York Law School professor Robert Blecker said the Justice Department has to consider the larger question of denouncing terrorism.

'They'll go forward with it. It will not change the decision. Denunciation is a legitimate purpose,' Blecker said.

Public opinion polls have shown that a majority of Boston-area residents oppose the death penalty for Tsarnaev.

Massachusetts abolished the state death penalty more than 30 years ago, but Tsarnaev is charged under the federal death penalty statute. The 12 jurors who will decide his fate all told a judge they would be willing to consider the death penalty if they believed the facts of the case and the law called for it. They also said they would consider life in prison.

During the penalty phase, the defense will continue to portray Tsarnaev's brother, Tamerlan, 26, as a domineering follower of radical Islam who convinced his then 19-year-old brother that America had to be punished for its wars in Muslim countries. Tamerlan died four days after the bombings when he was shot during a firefight with police and run over by Dzhokhar during a getaway attempt.

Prosecutors are expected to emphasize the brutality of the bombings by calling more survivors to testify. During the first phase, several survivors testified about devastating injuries, including lost limbs.

Others described watching friends and loved ones die, including Martin Richard, the 8-year-old Boston boy; Lingzi Lu, a 23-year-old Boston University graduate student from China; and Krystle Campbell, a 29-year-old restaurant manager from Medford.

If even one juror votes against the death penalty, Tsarnaev will get a life sentence. 

Judge George O'Toole Jr. told the jury the penalty phase is expected to last about four weeks.