“(Defendant nods affirmatively)”

April 22nd, 2013

That is how¬†Dzhokhar Tsarnaev communicated with the magistrate during his initial appearance today, where a federal magistrate presided in his hospital room. When I was clerking, and a suspect answered a question by nodding, Judge would always say something like, “please say yes or no so the court reporter can keep a proper record.” I suppose here exceptions were made.

Though, at one point, the Defendant apparently said “No” to the question of whether he could afford an attorney.

The magistrate added, “Let the record reflect that I believe the defendant has said, ‘No.'”

The defendant was retained to the custody of the marshalls, with access to counsel.

A probable cause hearing will be held on May 30.