Juror would have voted for life, not death

"If I had known that, I probably - I probably would change my vote.

Boston bombing juror would have voted for life, not death

One of the 12 jurors who voted to sentence Boston Marathon bomber Dzhokhar Tsarnaev to death would have opted for life had he known that one of the victims' families wanted the defendant spared, he told Boston's WBUR radio.

The juror, 23-year-old Kevan Fagan, said he did not know that the parents of 8-year-old Martin Richard had urged prosecutors in an open letter on the front page of the Boston Globe in April to seek life in prison for the ethnic Chechen rather than the death penalty.

"If I had known that, I probably - I probably would change my vote. But then again, if I knew that I wouldn't be on the jury either," Fagan told WBUR in an interview released on Tuesday.

All jurors in the case had been ordered to avoid media coverage of the trial, as is standard.

Tsarnaev was found guilty in April of killing three people and injuring 264 in the April 15, 2013, bombing, as well as fatally shooting a police officer three days later. He was sentenced to death for his crimes.

Richard's parents, Bill and Denise, in April had urged prosecutors to drop the pursuit of the death penalty, which required a second round of witness testimony.

Fagan, who is writing a book on his experience during the trial, is the first of the jurors to identify himself publicly. U.S. District Judge George O'Toole on Monday said he would not make the names of the other jurors public while Tsarnaev's lawyers are still fighting for a new trial outside the city.

They contend that the intensive media coverage of the bombing and its aftermath made it impossible to seat an impartial jury.

Fagan, who could not be immediately reached for comment, said he had been told to avoid news coverage during the trial but that it would have been difficult for any juror to have been entirely unaware of the story of one of the largest mass-casualty attacks on U.S. soil since Sept. 11, 2001.

"I think anywhere people could have been exposed to what happened on that day and been somehow affected," he told WBUR. "It'd be really hard to get away or find like one group of people that had no connection whatsoever to what was going on, you know."

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