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Middlesex DA Keeping Options Open On Trying Boston Marathon Bomber For Murder

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In this courtroom sketch, Boston Marathon bomber Dzhokhar Tsarnaev stands with his defense attorneys as a death by lethal injection sentence is read at the Moakley Federal court house in May. (Jane Flavell Collins/AP)
In this courtroom sketch, Boston Marathon bomber Dzhokhar Tsarnaev stands with his defense attorneys as a death by lethal injection sentence is read at the Moakley Federal court house in May. (Jane Flavell Collins/AP)

Middlesex District Attorney Marian Ryan said she would continue to evaluate whether to try convicted Boston Marathon bomber Dzhokhar Tsarnaev on state charges for the murder of MIT police officer Sean Collier.

A federal jury sentenced Tsarnaev to life in prison last May for the murder of Collier, and sentenced him to death for the explosions at the Marathon finish line. In July, Ryan released a statement indicating that she would try Tsarnaev on state charges for the murder of Collier.

"When you come into Middlesex County and execute a police officer in the performance of his duties and assault other officers attempting to effect his capture, it is appropriate you should come back to Middlesex County to stand trial for that offense. In addition, the defendant is pursuing his appellate rights in the federal system and that conviction is not yet final.”

The Boston Globe reported Monday that Ryan backpedaled. Ryan told WBUR's Radio Boston that she has been consistent in keeping her options open.

"Right now, this is an insurance policy. We are preserving our rights should something ever — in the unlikely event that something should ever change with that federal conviction. And that's all that's happening," Ryan said, noting that she will have about four more years to decide whether to take action.

Guest

Marian Ryan, Middlesex district attorney. She tweets @DAMarianRyan.

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The Boston Globe: Middlesex DA Hedges On Trying Tsarnaev For Officer’s Killing

  • "She said she has asked the US attorney’s office in Boston to share evidence in the case 'as a first step in the process should it be needed.' That differs from her July statement — which was widely criticized by the legal community and the public — that she was already in the process of asking the federal government to return Tsarnaev to Massachusetts."

WBUR: Plan For Second Trial For Boston Bomber Prompts Backlash

  • "[A] state prosecutor’s insistence that Tsarnaev should stand trial a second time has triggered an indignant backlash from those who insist it would re-traumatize victims and amount to a waste of taxpayer money."

Radio Boston: Is A State Trial For Dzhokhar Tsarnaev Really Necessary?

  • “When you come into Middlesex County and execute a police officer in the performance of his duties and assault other officers attempting to effect his [sic] capture, it is appropriate you should come back to Middlesex County to stand trial for that offense.”

Middlesex District Attorney: Defendant Indicted For Murder Of MIT Police Officer

  • "Tsarnaev, 19, of Cambridge, was indicted on charges of murder, attempted armed robbery, armed assault with intent to murder (four counts), assault with a dangerous weapon (four counts), kidnapping, armed robbery, unlawful possession of a firearm, possession of a large capacity feeding device, and possession of a firearm with a defaced serial number."

This segment aired on January 18, 2016.

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