their hands are still tied any areas. >> senator cut we thank you. senator of massachusetts. melissa francis continues the coverage on money. it starts right now. melissa: jurors in the trial of the boston marathon over reaching a verdict. stocks managed to hold onto gains even as oil takes a nosedive. seconds away from the latest from the fed. in the meantime, let's go to peter barnes.

>> the fed's main worry going forward was about getting inflation back to its 2% target. let's get right to the quotes. stabilization of energy prices. all is as helpful. several participants judged that they were likely to war and at the june meeting. melissa: peter barnes thank you so much. investors thinking there is more of a likelihood.

economic conditions have deteriorated. the jury has reached a verdict in the boston bombing trial. cheryl: hello. fifteen minutes ago court did reconvene in boston. it just takes a few moments. here is what we are doing. this is the first phase of the trial. there are a few things that you will look at. thirty federal charges. they have to come up with unanimous verdicts on all of those. seventeen of those to carry the

death penalty. they are trying to show that this plans. he had intent. the defense is saying that he was under the influence of his prayer. the court reconvene to about 15-20 minutes ago. the jury came back asked for two different notes to be answered. the accounts one six and 11, those are the spirits he charges. one little bit of house jury is thinking right now. eleven and a half hours that they deliberated. this could go very fast. the defense came in right off

the bat. he was young. he was 19. he was under the influence of his brother. this is phase one. the jury will decide whether he is put to death whether he spends his life in prison. melissa: thank you so much for that. let's bring in our panel. >> i have been predicting all along that it will be guilty. not on all counts. i cannot imagine they're not being many, any guilty verdict s. seventeen of these 30 could

bring the capital offense. >> trying to figure out what juries think you really never know what the juries think. usually, they come back. this is so clear-cut. i do not think the fact that he is 19 years old will work. i think they saw people get murdered by an adult. i think that they will throw the book at him every single charge. >> you usually do not have a defense lawyer coming out and saying that he did. >> after the influential brother -- melissa: a bakley.

>> 14 or 15. melissa: the generate and judge have yet to enter the courtroom. all of the lawyers are standing. the dumb section is packed. many have been their daily. >> i remember when i covered arthur stuart. we were all having lunch at a place in little italy. then we got a call. the real question is, how many counts. i think that he will go nuts if that kid gets off. melissa: we have everybody standing by right now. i want to bring in kent zimmerman on this right now.

what do you think will happen? >> he be found guilty. the bigger question is will it be life, or will it be death? life is potentially a worse punishment for this guy. he wanted to be a martyr. he said he was jealous that his brother died as a martyr or. it is not clear if this guy even wants to avoid the death penalty for there is a mountain of evidence against this guy. just look at the witness out. only four witnesses for the defense. just one data point. melissa: judy clark is the attorney that is working for him who is very famous.

she is the one who comes in and tries to save the lives of the murderers in these situations. this is what she does. >> the oklahoma city bomber, i believe that was a federal case. >> in massachusetts the state law does not allow for the death penalty. >> only three have been executed >> this is a fat case. melissa: i agree with you.

what concerns me is when the feds go for the death penalty they only get it in about 25% of the cases that ask for it. the defense was there. >> i think that this guy is older. i think it was the defense i think it is a harder case. it is possible that sentiment in

massachusetts would sway them not to have a death penalty. i think there are a lot of factors that play here. i think it is entirely possible. >> 11 hours over two days. >> i think it is and appropriate amount of time. he did not really detest his guilt. melissa: 11 hours over two days. what do you take from that? >> reasonable amount of time. thirty counts. seventeen carry the death

penalty. i would be very surprised if he was not convicted. >> i completely agree. including the conspiracy charges. how could they not find that he conspired with his older brother. melissa: we hear he is guilty of using weapons of mass disruption. this is what we are hearing right now. >> he will get it. >> this is what we are getting from the courtroom right now. melissa: conspiracy to use a weapon of mass disruption. >> equally doing this.

he was literally sharpshooting people to death. this was literally a weapon of mass distraction. >> i am not surprised in any way, shape or form. they looked at his family and put the bomb right in front of them. melissa: count to guilty as well. using a weapon of mass destruction. >> clearly he was guilty. trying to avoid the death penalty. whether or not it will be able to achieve that objective. >> i agreed. it does not make you will get the death penalty. there will be a death penalty

phase. the worst possible evidence against him will be saved. the fact there is in his favor will be weighed. his mental health may be a question geared to early today. certainly possible. >> the best shot was to show that. >> count three as well. count three lp as well. let me ask you about this jury. are they prepared to carry out the death penalty. they all agreed yesterday. some of that means they are a more secure jury. >> they go through this panel of potential jurors. melissa: guilty of count four.

>> capital punishment qualified. it gets you to the point where if you sell guilty, you cannot leave out the death penalty punishment. i am not in favor of the death penalty. the only mitigating factor, in my mind would be his age. >> we caught charlie manson break. there is no evidence that this kid is crazy. >> i agree with that.

in this case, he admitted it. when they set these bombs off they knew they were going to kill if it people. melissa: you remember the case of susan smith. you remember everything that she did. she drove her own small son into a late two they're dead. there were thoughts that there were absolutely no ways to draw up sympathy for this woman. she was obviously too arranged. she did not get the death penalty as a result. what can chew clark do for this defendant now?

>> i am in favor of the death penalty. melissa: using a bomb in a public place. >> any mother who would drive her two children into a lake, the death penalty what deter that kind of conduct going forward. counts seven guilty as well. putting the pressure cooker in a public place. >> this is still make terrorism. i cannot imagine -- melissa: a deterrent of saying satan like this happening in the

future? >> absolutely a matter of law. what cases the penalty should be appropriated in. sometimes, the death of multi- is a manifestation of societies outrage of the crime. >> i just do not see how this kid -- >> definitely not. the whole state. the whole country will be terribly upset. melissa: if you were judy clark? he was taken in by his brother. he was blindly following him. is there anything that we have not heard that she could bring out? >> i give her credit for what she has done.

i do not know if there is anymore that she could have done. i do not and most people find it. i think that was people say they were partners in crime. his mental state was not an issue at trial. maybe she will try to make it an issue. i do not see an obvious patch she could take. >> just say this is the new society. i think that that is her only shot. we believe that this is too barbaric. >> just covered that. these jurors are definitely qualified. melissa: what would they need to bring to bear at this point?

>> he did not know right from wrong at the time. that is the insanity defense. what i see happening now is sympathetic family. his brother was the one that raised him. melissa: eight and nine guilty as well. also cap punishment charges. >> convicted on all of these capital charges. how could he possibly walk from the death penalty? >> the jury could still come back and say -- you are capable. you are able. we will not -- i do think that

is about it. let me just make this point. with everything else, it is a dead-end. this is massachusetts. it has a potential of working if you could somehow say we are beneath killing him. >> i would add that if i were her, look, he wanted to die. he wanted to die a martyr. he was jealous his brother died a martyr were. do not give him what he wants. >> he will spend the rest of his life in colorado. twenty-three hours a day in solitary confinement with his thoughts.

>> count 10 and 11 guilty as well. one for you but so far. guilty on all counts. that is an interesting defense. that is -- we have seen a bit of background work laid. that would be pretty clever. >> it will be interesting to see these guys say he is a bad guy. i will go back and read some of the stuff. just to see how we approach it at different times. i still see this cherry as being so insensitive. here is what the prosecution is going to do. you thought it was hot and emotional on the first day.

they will bring almost every victim and that they can. >> i am saying that is their only avenue. >> judy clark. this is what she has made her career on. she does not believe in the death penalty. she has made her name saying she wants to stop the death multi- from being carried out. and so many of them, she has come up with a way to get it done. >> that is how we want to have defense lawyers. putting burden on the federal government which is where it is supposed to be. i just do not think in this case it will work with these jurors.

where does it and show mark i do not agree with that. do you see anything appealable? >> is is a very clean case actually. there is nothing that sticks it out that would make it easy to appeal. a very professional job that was not easy on both sides. judy clark would have been stomping up and down. we have heard nothing about that. he is very smart.

he is a hard-working guy. melissa: anything about venue? it was such a horrific even. >> held in the exact same place. that verdict came out. there was no change in venue they are. we have these very large cases. you cannot change it all the time. this one had so much nationwide publicity. is there an argument to be made that giving him the death multi- encourages more terror? seeing people make that argument that you know, it is encouraging others to do the same thing.

>> they like to be martyr is on their own terms. >> exactly. that is the problem. one of the main issues is the confidence of counsel. the irony is i do not see and mounting any competency. let's bring in judge andrew napolitano. what are your thoughts as you are watching this? >> it is always a pleasure to be with you. the evidence of guilt is overwhelming. even though it is gratifying to the umps to see him formally pronounced guilty, those of us in the room with you who watch this for a living, this is not a surprise. the question is what will the jury do next. there will be a second trial.

it could be as soon as monday. the only issue is the jury's recommendation of a death penalty or life in prison. twelve through 15 feet as well. twelve through 15 guilty as well. the persistence of the guilty verdict shows a consistent thinking on the part of the jury. the penalty phase trial will be radically different from the trial that just ended. the trial that just ended she did intercede very much. you will see an entirely different trial now where she will attempt to control what goes on in the courtroom.

his personal she will argue subservient through his brother. the jury was not compelled to rule on them. >> absolutely. melissa: do you think that she will do that successfully? >> this is the most successful lawyer in the country of persuading juries that have come pick it her clients of her terrific murders that they should not be sent to the deficit in indiana. she has a population base notoriously anti-death penalty. alas paul that i saw showed less than 25% of population in the surrounding areas. they bring the death penalty for this guy. not talking about the death

penalty in general. if anyone can do this for him it would be her. melissa: under the influence of the brother? he wants to die so do not like him? >> very interesting. how does this type of argument a judge would probably not permit that argument to be made by her to the jury that life in prison is a greater faulty because you will send the wrong signal to potential martyrs around the world. that is a political argument could the propriety of him for the death tunnel to you press on personal culpability. until capacity and duress. she will argue somewhere between

those three he did not have the freedom to say no to his now dead brother. >> you think they will find him guilty on all 30? >> yes. by finding him guilty on the conspiracy charges basically saying they planned and plotted it and they knew what he was doing. finding a consistent guilt. >> it is interesting about the death penalty debate. >> he went on. >> up tonight team. he goes on by himself for another 24 hours. he was on his way to times square.

clearly, if he was under so much duress or control of his brother, he would have been like i am done; right push a mark the prosecution will make exactly those poor. literally drove over his own brother. he could have just kept on driving. instead, he goes and hides in that. it is all the same horrible stuff. >> a little stomach for those arguments when it comes to terrorism. i just do not see it. >> what argument? >> this guy is a domestic terrorist. 99% of the cases. >> 19 counts so far. finding guilty on all night team counts.

there are 30 charges that he is facing. we are up tonight now. this is after the jury deliberated for just 19 hours. an inside look at this terrible event it self. a 2013 marathon bombing. he has been inside the courtroom. what is your reaction? >> i would not say stunned. the defense from day one said that he was in fact guilty of these charges. it is the most grueling and heart wrenching trial that i have ever covered. the jury is seeing and hearing some of the most visual

testimony about people losing their arms. their legs. they have had to sit there for a month dealing with this information. it certainly is not a surprise. >> continue what you are saying. >> a lot of times the prosecution has let the images speak or then the words. they arrested their case last week. they showed their wreath of clothing that the 8-year-old was wearing when he was killed. a pair of pants that the medical examiner could not be described if they were a pair of pants or shorts. also seen the autopsy photo of young mark richard. those are images that the jury,

you know will weigh on. you spoke to a bod of it dumps. what are they looking for in this? >> it is interesting. the death penalty is a personal decision obviously. we have not had a death penalty since 1952. i think you have some survivors that they we want him because we do not want to hear about him. we do not want to hear anything about that. melissa: 23 counts guilty. that is interesting. they say they do not want to care about him going forward.

others would say we want him put in jail for the rest of his life. i know you guys were discussing the martyr talk. people say if you kill him you will make him a martyr. he could have been a martyr that day he hid in that sailboat. all he had to do was stick his head out from the awning. the police officers would have taken him there. i do not taking wants to be a martyr at all. if you wish he would have died, he would have confronted the police. there were over 100 officers with their guns pointed at that vote. heat could have done that at any point in that showdown. melissa: what is your reaction

judge? >> he obviously has his finger on the pulse of the community like very few people do. the question is, is that what will enter the juror's mind when they deliver life or death. it is not an open the liberation the court will instruct them on what is called aggregated fact errors and mitigating fact yours. there are 25 that they must consider. there are about 25 the gating factor is that they must consider. then they must conclude that the average gating factors outweighed the mitigating. they must conclude that he is worthy of a death penalty and that must be unanimous. if there decisions are not

unanimous. if they cannot find that, the sentence will be life in prison without the possibility of parole. the aggravating factors are at a slight the vulnerability of the defendant, the nature of planning and plotting. the vulnerability of the victims. the cool and heinous manner in which the victims were assaulted and the sufferer that they and their loved ones in doored. the mitigating fact that would be relevant are did he do this of his own free will? is there another person more culpable of and he was?

they could find other mitigating and aggravating fact there's a relevant those are the ones that stick out in my mind. the judge will explain. >> we just got to 30. guilty on all 30 charges. charlie gasparino call that. >> charlie gasparino is never wrong. >> these guys were on the run for a couple of days. remember they had plans to come to times square. not only did they go bomb the marathon they say we are not satisfied. we will drive to times square. >> how many jurors does it take to take the death multi- off the

table? >> one. there is a jurors that stated that he is against the death penalty. i am surprised that the government and the court let him stay on. he said he would be willing to revisit his views. eastern massachusetts resident. >> they were all death penalty qualified. >> right. >> i am uncomfortable with the death penalty. >> you can recap what we have seen so far. judge, do not move. cheryl go ahead. >> looking at the breakdown of the jury. the judge was talking about this. one juror that was an air traffic controller.

you have the psychology major of iranian descent. you have a housewife and mathematician. the things that we know about the jury, they went through 3000 potential jurors for this case. again, there were five delays on this trial. all of this ringing us where we are today. phase two of the trial. will he or will he not get the death penalty from this jury there has only been three executions of persons that were actually convict did and sentenced to death by a federal jury. a very short deliberation. eleven and a half hours. defense attorney judy clark someone who has a lot of

experience defending these cases. he was under the guidance of his brother. that did not fly with this jury. melissa: gives give us a description of those jurors that you had great tell us a couple more of those. this is the 18 member jury. they began deliberating on march 4. all encompassing. you have to have backups. ten women and eight. again, this is someone that is an american that is sent. iranian descent. they went for the thousands potential jurors. you also had the cake decorator was also a former emergency room nurse. you just have this amazing swath

of american life. >> very interesting. melissa: you have an emergent wieners. i wonder what seeing heater is doing? i am not great with blood anyway. is she more of view to what happened or does she appreciate more that instruction? >> you have an 8-year-old child. we cannot even talk about how bad it is good that, i would think would stick with her more than some of the other jurors. the gerri got out and they are delivering their charges.

absolutely no emotion what so ever. they continued continue to read the guilty verdict in court. no emotion whatsoever. is can't still with us? does that help him quite mark does that hurt him? would you want him to break down and cry and look human? >> i do not think that it helps him. throughout this trial he has shown little emotion here it some have said that he looks smug at times. i do not think that that will help him with the jury. it would help if he showed genuine remorse and compassion. that is very far from the behavior he has exhibited. melissa: let's bring in somebody that knows a lot about massachusetts. senator, we talked about this

case a little bit last week. are you surprised by this verdict? do you think that the community will institute the death penalty here? >> i am not surprised at all about the verdict. they admitted that he in fact did it. it was really his brother who had this amazing control over him. i do not believe that the jury believed it. the next stage will be the phase about determining whether he will get the death penalty or not. interesting enough, the people of massachusetts believe very strongly in the rule of law. any case warranting the death multi, this will be it. you will have two weeks of

testimony. he was a great college kid. he was this and he was baptized his evil brother and that and this. i do not think they will buy it. >> is a state that does not have the death penalty. even still if there is any case that deserved it, i do not know in massachusetts is there any case that deserves it? >> this is a federal case. do not forget. the legislature switch that. people remember it. they want to make sure that this does not happen again. they want to spend a very radical message. you will pay the price. ultimately we will figure it

out. very very close to. melissa: a great point. lone wolf people being radicalized wanting to come to the united states, already being in the united states. when this happened, it was a relatively new phenomenon now we have seen so many people arrested on u.s. soil. will these jurors think about that and everything that has happened since then? >> i worked across the street at the watery journal. i have to tell you new yorkers are not exactly the most conservative people in the world. if any of those hijackers would

have survived, they would have given them the death penalty. >> thinking about the idea. we will never know. what happened in the courtroom will be the aggravating fact there. where do those like? i think the objects of not getting the death multi- are very tough year. going forward if you want to deter some of these i think being swift and hard on this kid is a way to do it. >> when i remember 9/11 it was a whole different atmosphere.

>> absolutely. not just massachusetts. i was on the phone with mice done. i saw those images. >> it is different when you are there. >> i understand. it was not just in boston. i think the whole country. >> we have a panel of lawyers right now sitting in. the trial is set to enter the penalty phase. we hear that that will happen possibly next week. let's bring in randy spencer. a former prosecutor. legal analysts. we have troy, a criminal defense attorney. let me start with you. what is your reaction so are.

>> i think that there is very little surprise in the jury's verdict today. what will be fascinating to see is the next phase. they are going to be the topic of great discussion and charge by the judge. i think we all believe that these jurors had rated motion about what happened and they may want to send a message the judge will instruct them that they are limited to the evidence presented during that hearing. they are not supposed to be ruling or making decisions aced on their ruling. i am sure that they will consider their old very seriously and uphold the law as they see fit. >> i agreed. i think jurors take their duties very seriously.

these 30 counts. these charges. >> it does not sound like a lot to me. to me, it sounds like a lot of it a new how they felt. don't you think? you have to understand that they sat there during all of that testimony over 90 prosecution witnesses. they heard it. they had every night to paul it over in their head. they are not to deliberate until they all get together in the jury room. they take their job seriously. i believe that they will take it seriously when next week i are called upon wayne the mitigating and aggravating factors. melissa: how do things change

now? how is their mindset different? >> a note that there has been a conviction on all 30 counts. including the seven team that carried the death penalty. they saw video. they heard from family members. they heard from the parents of the innocent they parents that were killed. they will hear all of that and more. it will likely be even more graphic testimony. it is also going to be even more graphic about the pain and the suffering and the innocence of the big dumps. it will be a very, dairy compelling case.

this injury has been through it for a long time. they are about to get another big death of that. melissa: everybody stay where you are. i want to go back to cheryl. six new details from the courtroom it self. dressed in a dark jacket. a v-neck sweater. starting to get a fidgety. we are being told that he never spoke at all. the family members in the courtroom were looking directly at him. he was fidgety. he was looking down a lot. many of the jura juror companies that we know very well. there was a senior executive assistant that was part of the reef. a retired telecommunications worker as well.

by the way an assistant at a different law firm. he never spoke. he looked down a lot. he was fidgety. what would you have told him to do? >> show some emotion. show something. this jury that finds guilt is not the same that finds the death penalty or not. not in this case. it will be the same group of people. fake it. show some kind of emotion. that is what she did with susan smith. draw some sympathy for judy clark. draw some sympathy for him. you would want him to be human.

>> absolutely. melissa: convicted of counts that carried at penalty. not good. >> i am not convinced that she did not give her client that advice. she would like him to be human. she would want him to be sympathetic as much as possible. the jurors, as human beings could relate to him as much as possible. they now decide whether he lives. it certainly is not the allies of his lawyer, i am sure. this is none of the lawyers on the panel being surprised. he probably was not surprised either. seen consistently throughout this trial. he has not expressed emotions. to me, it is not surprising.

>> he shows no remorse. >> probably incapable of it. this is the guy that went on the run. the guy is totally detached from any kind of reality. >> you can make the argument even. trying to cover up the fact that it was him. he did to show emotion at this point if you are going to make that argument. >> absolutely. we have to remember that even in other cases where there is terrible compelling evidence, there were two juries there that were unable to find that he

should be executed. she is a woman and jurors do not like to pull women on death row. a horrible death and she brutalized her exploits. one person as opposed to three. >> what were the terms that they used? >> when the past instruction. >> you are also talking about children. >> and my mib it takes it beyond any of these cases. he looked the kids in the face. >> all over that finish line. it is unreal. so meaningful in the city of boston. a symbol of what new york is

about. a symbol of commerce. the heart of the city. where people come and gather together. the most terrific things that happened during that year. >> they went after the world trade center. these are symbolic names. for this jury not to execute this man would be unfathomable based on what went down. >> judge napolitano was on earlier. one of the journal said he was against the death penalty although he said he would can

federate in this case, i believe. do you think that judy clark's hope is on the individual? >> if judy clark does not focus on the individual in the sentencing phase it would be a mess stab. my former law professor. i just think the world of him. also this is a demonstration of how our system gets it right time after time. massachusetts -- the federal system allows the death penalty in this case. i believe that the jurors in this case will set aside whatever sunil feelings they have about the issue. they will follow the law as the judge charges them. agreed and swore under oath to follow the law.

this being a terroristic act. so stole their lease and save the. i think that they will follow the law. >> do you agree with all of that? >> i am not so sure that they will. that one jurors questioned does worrying. he said, east essentially he has a bias against the death penalty. he generally does not like it, but he would can enter it in this case. it only takes one to take the death multi- off the table. that worries me. we are waiting for both prosecutors and visit dumps to come out of the courtroom and talk about what we just heard.

guilty on all 30 charges. the first of 18 carried with them the death penalty. he was found guilty on all charges. now we move on to the penalty phase. deciding whether or not he lives or dies. we believe -- what we are waiting for is we will hear from the pot a cuter and we will hear from the vic in the case. we have a very busy day here on money. it was sad day here. the adult teetering between red and green. no major move on the back of those fed minutes. you can see that the dow is up seven points right now. the nasdaq up 30.

audio taking. "the session down more than 6% at $50.42. i want to thank my panel that has stayed with me through this whole out as we have wrought in this verdict. liz: thank you very much. we will continue this story during the last hour of trade. guilty. all kinds of evidence that he created weapon to kill innocent people. along with an admission that he did it. 21-year-old was guilty of all 30 counts. now we await sentencing. will he or will he not hit the death mul