back today asking of the judge for more clarity about conspiracy and the legal definition? there will be a higher burden related to the actual terrorism and murder charges. but again, dealing with one count, that would suggest that as for the charges related to the day of the bombing, this jury is finding guilt. and so again, if you are just joining us we are learning now inside of the courtroom there in boston, that dzokhar tsarnaev is guilty on counts one, two, three and four in the charging documents that have been leveled against him. 30 different counts that the jury had to go over. if we go over them right now. count one, as we discussed, guilty of conspiracy of using a weapon of mass destruction. count two is charging of using a weapon of mass destruction, this being the pressure cooker used there on-site. charge three, carried a firearm
up to count 26 reporter: now, thomas something else has to be said about the jury here. there were 18 jurors qualified. it took two months to get the jury. remember that his defense lawyers repeatedly asked for this trial to be moved out of boston saying he could not get a fair trial here and both this trial judge and the court of appeals turned them down several times on that. undoubtedly that will be a basis of peels that has to come by law in a federal death penalty case. of the 18 jurors that were qualified, the jury that rendered this verdict today consists of 12. so six alternates they had to sit outside of the jury room and be available and they were not in on the deliberations and during the second phase of the trial that starts on monday probably, they will again be in the courtroom, they will listen to the evidence and then when it comes time to deliberate they again will have to sit outside. but we ve had the full
second phase. but that is the headline today. there will be a second trial. and the rest of it now is just filling in the blanks on how many of the 30 counts he s been convicted on. but we re past the big question now. so pete, how quist swiftly does the second face kick in? reporter: it will start on monday, that is my guess. the judge said we ll have trial four days out of every five. it could start tomorrow. but it seems clear he wants to give the jury final off and let the lawyers regroup and come back on monday and begin the new phase where there is new witnesses and new evidence but not the fact-based hearing. the government has its law but the standard is there are certain factors to lean toward the death penalty. and the defense will say he had a torltured childhood and difficult upbringing and enthralled by his brother and i
someone die as a result so those are the sub-parts of it. there were two parts to those questions. so that is why they had to go through all of those different subparts or elements of these. of the 30 counts there are 30 different ones they are reading inside of the courtroom, they reconvened roughly about 30 minutes ago on what they ve been working on in the last 11 1/2 hours and we ve moved past this jury when they were asking about conspiracy and abetting and they seemed to have gotten satisfaction and now tallying up the 13 guilty accounts but they seem to get satisfaction from the questions of the judge about how to move forward. reporter: they had two questions.
to dzhokhar tsarnaev, but really they made tamerlan out to be the leader here and the person that was the influence over his younger brother to be a part of this master plan. that doesn t carry the day at all. the jury is not being asked to decide who s more guilty but just who is guilty at this point. the younger brother, he clearly had knowledge of the events that occurred. he clearly had the intent to participate. he did participate. it s all on videotape. so there s no mystery there at all. i think the jury was just being cautious and careful on the technical aspects of answering the charges. and as you evaluate the defense in leveling that statement, it was him, and then creating the story line of tamerlan s influence over his younger brother, is that their best defense to try to make sure he doesn t get the death penalty? well there wasn t much