What do former Massachusetts Gov. Deval Patrick, an appeals court justice, several potential members of the Boston Marathon bombing jury and thousands of regular Americans have in common?
They all believe that they’ve seen a video of accused bombing suspect Dzhokhar Tsarnaev dropping a deadly backpack behind victims at the marathon on April 15, 2013—a video his defense said “does NOT actually exist.”
In a pre-trial hearing yesterday, Tsarnaev defense attorney David Bruck argued that the April 18, 2013, press conference in which former Boston FBI Special Agent in Charge Richard DesLauriers identified the brothers should be excluded from evidence. That, he argued, is because the FBI agent described the video footage that doesn’t really exist, which subsequently was used to convict Tsarnaev in the media.
U.S. District Judge George A. O’Toole ordered the defense and prosecution to edit the recording of DesLauriers’ press conference in a manner satisfactory to both sides. He reserved the right to rule on the defense’s motion to suppress the entire recording if the two sides can’t agree.
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