What if she’d been unable to sleep the night before? What if she’d had a flash of conscience or courage or both with her morning coffee? What if she’d come to the conclusion that the money wasn’t worth it, the reputation wasn’t worth it, the career itself wasn’t worth it – if she sacrificed her integrity now? After all, it’s a woman’s prerogative to change her mind.
What if Judy Clarke hadn’t said “It was him” in her opening statement?
So what if the defense team had already agreed to not resist conviction when the government pressured them. If she changed her mind and made a different opening statement than the one she’d rehearsed, the prosecution wouldn’t know what hit them until it was too late.
Ladies and gentlemen of the jury, the facts of this case are black and white. In fact, they couldn’t be more black and white. The prosecution has just stated that nearly two years ago, on April 15, 2013 to be exact, Dzhokhar Tsarnaev went to the Boston Marathon with a backpack over his shoulder, and inside that backpack was a homemade bomb.
The prosecution has just stated they’ll be showing you some of the surveillance video and photos from people who were at the marathon before the bombs went off, photos that the FBI used to identify the defendant and his brother as suspects in the bombing.
I look forward to your being shown these videos and photos. I have already seen them. Here is the story they tell: Dzhokhar Tsarnaev did bring a backpack to the Boston Marathon – a white backpack with dark trim. That is the sum total of what can be learned from the videos and photos you will be shown in this case.
You will also be shown another photo. This photo is of the exploded backpack said by the prosecution to have contained the second bomb, the bomb the defendant is accused of bringing to the marathon. This backpack is black, which matches the wording of the government’s indictment against the defendant.
Let’s think about that a moment.
By the prosecution’s own evidence, they intend to prove that, per the precise wording of their indictment against him, Dzhokhar Tsarnaev brought a black backpack to the Boston Marathon that contained a homemade bomb. They will show you a black backpack that has been shredded after the bomb it contained, his bomb, the one he carried in the backpack that hung over his shoulder, exploded.
And they intend to show you video of the defendant carrying a white backpack with dark trim over his shoulder as further proof.
That is fantastic – astounding! I don’t know how they’re going to do it. Black is not white. There can be no dispute about that among rational people.
No matter how greatly you can be made to grieve for the victims by stories, by tears, by graphic images of suffering, no matter how deeply you can be made to fear terrorism, no matter how strongly you can be induced to distrust Muslims, none of these things can change the fact that black and white are not the same color!
This cannot be explained away!
If, after seeing this evidence, you do find Dzhokhar Tsarnaev guilty, you will have the unenviable task of returning to your communities and explaining to your friends, families and neighbors how you decided, how you became convinced beyond a shadow of a doubt, that white and black are the same color.
Dzhokhar Tsarnaev is innocent of the crimes for which he has been accused. His backpack and the prosecution’s own evidence concerning his backpack, proves his innocence.