Investigation Moves On, Possible Criminal Charges for Dzhokhar Tsarnaev

Officials say evidence against Dzhokhar Tsarnaev in Boston bombings is "overwhelming."
4:49 | 04/21/13

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Transcript for Investigation Moves On, Possible Criminal Charges for Dzhokhar Tsarnaev
The capture is behind us. But the investigation now barrels forward. Today, we learn more about the condition of the surviving suspect and the strange odyssey of his older brother. Abc's chief investigative correspondent, brian ross, is in boston once again tonight. Brian, good evening. Reporter: Good evening, dan. Several prosecutors put off plans today to file formal criminal charges. They'll likely do so tomorrow. And there's no rush. 19-year-old dzhokar tsaranev is in this hospital, under gourd, heavily sedated, in serious condition. And unable to speak. The evidence against tsaranev in the bombings is overwhelming. Authorities say this photo shows him in the white cap, about to place his bomb near 8-year-old martin richard, who was killed. And his 7-year-old sister, jane, who was seriously injured. Also nearby, the two norden brothers, each of whom lost a There's no explanation for it. Reporter: It's been almost two, full days since tsaranev was captured from his hiding place in the boat. But authorities say he has not yet been questioned because of wounds to his throat during the capture, which may have been sected. It's questionable whether -- when and whether he'll be able to talk again. Doesn't mean he can't communicate. But right now, I think he's in a condition where he can't get any information from him at all. Reporter: The investigation into motive centers on the dead her. 26-year-old tamerlan, who had recently began to link to jihadist videos. He brainwashed his younger brother. From there, what happened on marathon day. Reporter: Tlan was reportedly a changed man, and began to link to the video, after a six-month trip last year to russia and chechnya. Chechen rebel groups have denied any connection to the boston bombing. Authorities according to a statement made several years ago, in which a rebel leader said, our enemy is not only russia, but also america, britain and israel. In a letter to the fbi, the chairman of the house homeland security committee suggested an intelligence failure. And questioned why the fbi failed to keep tamerlan on its radar at the request of russia. I give him the benefit of the doubt. But he was on the radar screen. And somehow he got off the radar screen and traveled overseas to one of the dangerous parts of the world. Reporter: Authorities say the charges against tsaranev will likely include counts that cost the des penalty. But the final decision on whether to seek the death penalty will be up to attorney general eric holder. I know we can't know until this young man speaks. But what investigators know right now, do they thi any eminent threats in the boston area right now? Reporter: At this point, they say no. They believe there were no others involved at this point. And whatever bombs they had, they have now detected. Where were the bombs built? That may not be known until they caalk to the suspect. Dan? Brian, thank you. For more on the legal days against dzhokar tsaranev. We're going to turn to michael garcia, who was the prosecutor in the 1993 world trade center bombings and the embassy bombings in africa in 1998. After the charges are filed, what happens next? Things move very quickly. There's a certain period of time, days, not weeks, that this suspect will have to be brought before a judge. Once that happens, it will change the dynamic of how agents, how law enforcement can question him. There's all this talk about the public safety exception, which means the investigators don't need to read him his rights. Why is that so important? Important because you want to know, is there a ticking time bomb out there? Is there a loaded gun? Unstable chemicals. To protect the public, you need to know where these things may be. Does it matter whether they read him his rights or not? Isn't he likely to cooperate or not? More likely to get a quick response off the cuff. You can ask the question, where is your bombs? Where are you keeping the gun. And you walk through a miranda warning, someone has a chance to step back, what's this about an attorney? What's this about a right to remain silence? You need to protect the public. You need that information. Do you believe that young man is likely to face the death penalty? Given the nature of these crimes, I would say the answer to that is yes. The city of boston is angry, justifiably. And that anger is unlikely to dissipate very quickly. Can he get a fair trial in that city? Very difficult to move a trial. The legal standard eventually no jury in this city will be able to look fairly on this evidence. Very high standard. I believe he will face trial in boston.

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