Tsarnaev Appears to Cry at Trial

After weeks of testimony, including the penalty phase, a stoic Tsarnaev appears to break down during testimony from his aunt.
4:34 | 05/04/15

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Transcript for Tsarnaev Appears to Cry at Trial
The penalty paid for Joseph cars are nigh a underwent surgery considering life in prison or. The death penalty and one when he when your world but after weeks of testimony in the trial itself as well as the penalty distorts certain I have repealing. Some emotion now we'll when I'm down Cutler in New York joining us now. Is our legal analyst Dan Abrams with more on this Dan weeks of testimony not a peep from her nine and now this look. EU couldn't believe that he may actually be emotional seeing his family members testifying about what a great little guy he was a great young person he was. As a sort of technical matter in assessing that aggravating vs the mitigating circumstances. It doesn't really. But as a practical matter when the goal is to just get one juror to say I'm not going to impose the death penalty. Any bit of humanity. That you can instill in him is of some doubt. Which is whether defense is pulling out this news he wouldn't hurt a fly he cried during outline king trying to characterize some kind of human. It way yeah yeah and look at what would be relevant for the case would be if one of the relatives would come on and say. He was always controlled by his older brother because that's the horn if the heart of the defense is this was just that he Wednesday. Who was reacting to the control of its older brother. And that's why you shouldn't hold him as responsible as you would his older brother to. So far we're hearing mostly just. This is what he was like he was a nice boy he was a nice kid. And so again not. That relevant to those that at list that they're gonna create an each side but always relevant when the death penalty to. Personal safety human decision. That all of the jurors have to agree they're willing to put into debt if just one of them is moved in a particular way it's you know what. I'm not gonna do it. Well that it worked could backfire though if the defense pulls up ambulance they pull up you use the masterminds for the the puppeteer behind now. You know look I don't think there's not lot of backfiring defense can write a horrible position. This is a case where the entire defense was yes he did it but his brother was worse. So. Anything they can get I think that is related to his brother being controlling domineering anything like that is a value but look. That requires them. You know I think taking a position that. Maybe some family members don't want to take. They have to be will ended to say that it's the same reason why didn't he take the stand in this case. It's an age ends meet it he me made you well in the penalty phase in particular. But if he doesn't it means he can't even in the penalty phase where he doesn't that he's admitting he did. He can't even get up there and expressed regret for what he did. If the wonder. You know whether there are certain family members who simply can't offer the kind of testimony. That would really help them. In a particular is all of this going to be O. Chad of them by some of the victim's family members that are going to be up there science fact. We don't wanna go through us we don't wanna go through an appeals process if in fact the death penalty issue that will look. Well look I think that that the most valuable defense witness in theory could be a victim who says he should get life instead of death. Because we don't want to deal all the death penalty appeals. But putting that aside I think that the victim's family members this case are incredibly powerful they have been continued. They will be. But. When you when you're looking at and need for the defense to just get one change just because you're not actually trying to get jurors to agreed to sign. Actually just trying to get one juror to disagree. And so it changes the way that you think about how we present this defense you don't need a defense where a number of jurors together gonna say you know. This makes sense I agree with you you just need one juror to say to the rest of them. I'm not doing. What's the penalty plays face plant Dan Abrams thanks much about it or like it over the stern real time download an ABC news apps are in the story for updates on the go. I'm Dan Butler anymore.

This transcript has been automatically generated and may not be 100% accurate.

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