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No Charges Today for Bombings Suspect; Bombing Suspect Had Video of Jihadist; Bomb Suspect in Serious Condition; Boston Bombing Investigation; Russia Trip Questioned; Prosecuting the Boston Bombing Suspect; The Bombings' Wider Impact; Resolved to Run

Aired April 21, 2013 - 18:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

DON LEMON, CNN ANCHOR: Hello, everyone. I'm Don Lemon coming to you live from Boston. This is continuing special coverage of the Boston marathon investigation.

I want you take a look, a live look now, right now. Crews are opening parts of Copley Square that were closed off for the bombing investigations. Pictures that show the city returning to business as usual.

This city was on a virtual lockdown for almost 24 hours as they tried to find that one suspect and they eventually found him in a boat. There you go. The city, one of the largest metropolitan cities in the country, on virtual lockdown. And now, getting back to normal after losing millions and millions of dollars in revenue and tourist money.

Here is what we know right now in this investigation. We have learned just a short time ago that the suspect, Dzhokhar Tsarnaev, now under guard in a hospital will not face criminal charges until tomorrow, at the earliest.

New York Senator Chuck Schumer says even though Massachusetts doesn't have the death penalty, Tsarnaev should face the death penalty under federal law.

(BEGIN VIDEO CLIP)

SEN. CHARLES SCHUMER (D), NEW YORK: This is just kind of case that it should be applied to. In fact, the only other time it has been used since '94 is on Timothy McVeigh. And given the facts that I have seen, it would be appropriate to use the death penalty in this case and I would hope they would apply it in federal court.

(END VIDEO CLIP)

LEMON: There is growing evidence today that Dzhokhar's brother, Tamerlan Tsarnaev, had become increasingly radical in the last three to four years. CNN has learned that this video of a radical Chechen jihadist was posted and then removed from his personal YouTube channel. He created a YouTube channel in August of last year, shortly after an extended visit to Russia.

And there are increasing questions about how the FBI handled its investigation of Tamerlan Tsarnaev. They did not follow up after that trip to Russia last year.

Let's get the very latest on the investigation now from our crime and justice correspondent, Mr. Joe Johns. Joe joins us from Washington.

Joe, no charges today for sure. Does it have anything to do with the fact that they haven't been able to talk to him?

JOE JOHNS, CNN CRIME AND JUSTICE CORRESPONDENT: That's an interesting question. And you are right. It could be soon for the charges. It may be important to say that the authorities are reporting that they're not able to interview the suspect. He is in serious condition at the hospital but important also to say, Don, that not is being able to interview a defendant hasn't stopped the feds from filing charges before. It could still happen. And, you know, that's a pretty common practice, because sometimes, defendants have lawyers who intercede and say investigators can't talk to this defendant. It's not that different a situation necessarily, Don.

LEMON: We have heard about a number of different charges that could happen including federal charges, murder charges. What are some of the likely charges that he might face, Joe?

JOHNS: Well, we've heard as recently as yesterday that authorities were contemplating a terrorism charge most likely, something related to use of a weapon of mass destruction. It is certainly a possibility of a state murder charge there. This use of a firearm and commission of a felony, conspiracy certainly possible, because authorities allege that this suspect actually worked on this crime with his brother. So just a whole barrage of potential charges, and I'm sure I haven't gun to name all of the potential charges the suspect could be facing, Don.

LEMON: Crime and justice correspondent for CNN, Joe Johns -- Joe, thank you very much.

We are learning more about the suspect from the Russian republic of Dagestan where they once lived. And, now, CNN can exclusively reveal alleged Boston bomber, Tamerlan Tsarnaev, the older brother, had video on his YouTube channel.

Let's check in now with CNN's Nick Paton Walsh in Dagestan.

Now, Nick, what do you know about this video? What can you tell us?

NICK PATON WALSH, CNN INTERNATIONAL CORRESPONDENT: Well, certainly, investigators have been trying to establish any kind of link between these alleged bombers and extremism anywhere in the world. And as you say on this YouTube channel Tamerlan posted and then removed links to an extremist allegedly down here in southern Russia.

(BEGIN VIDEOTAPE)

WALSH (voice-over): Is there a connection between this gun fight involving militants and police in Dagestan and one of the Boston bombers?

The YouTube page of the deceased brother, Tamerlan Tsarnaev, suggests there might be. He put up a link to a video entitled Abu Dudzhan Amir Rabbanikaly. The video was removed but CNN has now found it and it shows this man.

Abu Dudzhan is the name used by an Islamist militant Gajimurat Gulgatov (ph). Russian special forces hit Gulgatov's hideout last December. An armored car brought in to kill as much as six militants inside including Gulgatov. The grisly aftermath showing their heavy weapons, but also the heavy hand used to kill them.

Four months later, the marks remain for the tit for tat violence fueling militancy across this region. Neighbors told us the young men who once lived here seemed peaceful, ordinary. But in the dust lies a question, why did Tsarnaev's YouTube page linked to the rants of the militant who died here? In a town where Tsarnaev's father lived and the Tamerlan visited just last year?

(on camera): Where inside you can see how intense the violence must have been against this apartment. And here could be the clearest link yet between one of the alleged Boston bombers and the violence that's been gripping southern Russia.

(voice-over): A U.S. intelligence source told CNN Tsarnaev brothers social media accounts are being examined for possible links to extremism in the caucuses, in case they reveal the darkest secret of Boston. Why did the bombers do it?

(END VIDEOTAPE)

WALSH: Now, none of this necessarily means that Tamerlan Tsarnaev met Abu Dudzhan. But you have to ask the question why was he posting that video on his YouTube channel of a man from a town where his father lived where he visited in 2012?

Something surely investigators may be looking at with regard to what history there may have been with extremism from that alleged bomber.

LEMON: So, Nick, let's talk about his time in Russia. What do you know about that?

WALSH: A limited amount. You know, there is a window between 2002, 2006 when he could have been here, he could have been coming and going from the United States, possibly in Kazakhstan as well. That's unclear. What we do know is U.S. official say the traveled to Russia between January and July of last year.

Now, we know from talking to a shopkeeper who lives opposite his father, that he went to stay with his father for a month in summer there. We don't know what he was doing really for the rest of the time while he was there. He has relatives in Chechnya, many other things that could possibly have happened. But that surely must be what investigators are looking at, given some of the suggestions of radicalization that crept in in the past few years -- Don.

LEMON: Nick Paton Walsh, thank you very much for that, Nick.

You know, at this point, we don't know why these two brothers decided to carry out this bombing together. Nobody can ask them. One is dead and the other is badly hurt and unable to speak.

But CNN did talk to the brother's uncle who lives in Maryland. And he says he knows who made the decision.

(BEGIN VIDEO CLIP)

RUSLAN TSARNI, TSARNAEV BROTHERS' UNCLE: He used his younger brother. He wasted his life. I understand he messed up his own. I don't know what was going on there.

But he messed up his life. That's why he decided to take lives of innocent people, hurt innocent people. I believe he has been full of evil. Maybe he's been himself is an evil. He turned to be evil himself. As I said, confused -- entirely confused.

(END VIDEO CLIP)

LEMON: CNN's Brian Todd has done a lot of reporting for us from here in Boston. He joins us now.

Brian, you talked today with someone who knows the younger brother personally. What did she tell you?

BRIAN TODD, CNN CORRESPONDENT: Well, Don, you know, we are trying to piece together the relationship between the two brothers. And from this friend and some neighbors and others, we are getting pictures of two brothers who were alternately close and maybe not so close.

The friend of Dzhokhar Tsarnaev that spoke to today, her name is Rose Schutzberg. She was a lifeguard with Dzhokhar Tsarnaev at Harvard in the spring and summer of 2011. She said she really liked him. He was -- he gave no indication of doing something like this. And she looked forward to work everybody because she knew he was going to be there, that they would jump off the diving board together and race in the pool together.

She did not meet the older brother Tamerlan Tsarnaev, but when I asked her to characterize the relationship two the two brothers and what the younger said about the older brother, here's what she had to say.

(BEGIN AUDIO CLIP)

ROSE SCHUTZBERG, FRIEND OF DZHOKHAR TSARNAEV: I always got the sense from my conversations with Dzhokhar, that maybe they were just two different people and that Dzhokhar was trying to like establish himself and create his own life. There was an effort to sort of create some distance between himself and his older brother, just because they didn't see the world quite in the same way.

But Dzhokhar -- and I know the Dzhokhar that I knew, could never have been capable of something like this. So there had to have been another factor, something outside.

(END AUDIO CLIP)

TODD: And Rose Schutzberg also told us that from speaking to friends of the two brothers, she got the impression that the older brother, Tamerlan Tsarnaev, was, quote, "more intense" than the younger brother.

Also, Don, some new information we're getting about the family dynamic here in the Boston area, specifically in Cambridge, a neighbor hold us today that up until about three years ago, the entire family lived together in that one small apartment on Norfolk Street in Cambridge. The parents, the two sisters, the two brothers and even Tamerlan's wife and child came to live with them. The neighbor hold us that he observed tension in the family when they all lived together at once but that the tension dissipated when the parents and sisters moved out. He thinks that was about three years ago, Don.

LEMON: All right. Brian Todd -- Brian, thank you. By the way, that's the most people I've seen out on the street in almost a Boston behind Brian Todd who is in Boston, not far from where we are.

Brian, thank you very much for that.

We want to go now live to the hospital, Beth Israel Hospital, in Boston. That's where the younger brother, the only surviving bombing suspect is in serious condition tonight.

Our senior medical correspondent, Elizabeth Cohen, is there right now.

And, Elizabeth, we are told that Dzhokhar Tsarnaev cannot speak, that his throat is injured. I talked to the police commissioner about that. He confirms that that is so.

What did you learn about his condition and when he might be able to talk?

ELIZABETH COHEN, CNN SENIOR CONGRESSIONAL CORRESPONDENT: Right. You know what? I think it is probably going to be a while. He is in the intensive care unit. He is sedated and he is intubated.

That means, Don, that they have put a tube down his throat and a machine is breathing for him. Now, he is sedated to the point as one doctor said when patients like this are sedated, not a doctor here, a different doctor, said they are out of it.

I mean, they're really out of it. It is as if they are asleep. They might grunt. They might move a bit. But, really, they are out of it.

So, he would not understand a conversation. He wouldn't really understand anything that was being told to him -- Don.

LEMON: Yes.

So, we keep hearing, Elizabeth, that he is in serious condition. That means he is stable, I would imagine, and expected to survive, correct?

COHEN: You know, it is difficult to know how stable or not stable he is, because the only official word we have gotten is serious. We haven't been told stable or anything like that. Serious means that he is acutely ill. He is seriously ill. However, he is not in critical condition. Critical condition would mean his life is on the line. He could die at any time.

Serious condition is a step down from that, not quite that severe.

LEMON: Yes. Just looking at the hospital, I've been watching your reports all day. It kind of looks like a place for a high-profile patient to me. I mean, there is obviously very high security where you are.

COHEN: Right, Don. There certainly is very high security. There are police officers at every door we have seen.

Our affiliate, WHDH, says the suspect has put in a separate area within the ICU, and that he has two guards and he is handcuffed to his bed. Now, you know, like many big city hospitals, this hospital is accustomed to having suspects, to even having inmates come in for medical procedures.

So, you know, this is not a foreign concept to them. They have done this before.

LEMON: Elizabeth Cohen -- Elizabeth, thank you for your reporting. Still unclear right now on all of this -- so, the motive, what is behind this horrible crime? And get this, the FBI was warned about one of the Tsarnaev brothers two years ago.

More details, next.

(COMMERCIAL BREAK)

LEMON: As the investigation into these bombings moves forward. There are lot of questions surrounding the FBI's decision to interview the older of the two bombing suspects, Tamerlan Tsarnaev, back in 2011. Agents talked to him but never took any action even after Tsarnaev took a six-month trip to Russia.

We want to talk about that with our regular political analyst, Mr. L.Z. Granderson and Ms. Ana Navarro. L.Z. is also a senior writer for ESPN and Ana is a Republican strategist.

First of all, I want you both to listen to some of the comments from this morning, it's by congressman, Peter King, Republican from New York, talking about the FBI's handling of this case. Listen.

(BEGIN VIDEO CLIP)

REP. PETER KING (R), NEW YORK: I have great regard for the FBI and for Director Mueller. This is the latest in a series of cases like this. Anwar Awlaki, Major Hasan, Carlos Bledsoe, Robert Hedley (ph). And now, this case with the older brother where the FBI is given information about someone as being potential terrorist. They look at them and they don't take action and they go out and they carry out murders after this.

So, again, I'm wondering -- again, is there something deficient there? What went wrong?

(END VIDEO CLIP)

LEMON: All right. So, he wants answers from the FBI.

L.Z., others are making similar points. Do we need to start looking into how the FBI is handling cases like this one? L.Z.?

L.Z. GRANDERSON, CNN CONTRIBUTOR: I think that's a fair question to ask. I want to be careful for us playing Monday morning quarterback, and that is, you know, everyone can look back now, 20/20, and say everything that everybody else did wrong. You know, September 11th is what, 11, 12 years ago now. He has only rattled off five names.

I took a look at the FBI's counterterrorism Web site and they apprehended seven people in the month of December alone. But we don't hear about that, because the terrorists are stopped before they are able to go through with their intent. And I think that's an important distinction between us finding out things that happened and us finding out things that never happened.

If you look at the things that never happened because of the FBI, I think there is a lot to applaud. Ask the questions for sure, but I'd be careful about bashing the FBI about this.

LEMON: Well, Ana, are you worried that questioning some, would even say second-guessing the FBI, could turn into a political football?

ANA NAVARRO, CNN CONTRIBUTOR: Don, I can't even stand the word politics in the midst of this discussion about Boston. I think it has no place. I don't think it is political.

I think whether you are a Republican, a Democrat, a libertarian, a humanitarian, a Rastafarian, you have questions as to what happened. They are natural questions.

And I think when -- you know, you do question what may have happened in a bureaucracy like the FBI, let's begin by saying I think that we all agree with Congressman King. We respect and are grateful for the work of law enforcement, particularly this week, whether it'd be local, federal or state law enforcement.

That being said, they are human. Mistakes sometimes are made. And, of course, it raises questions when you hear that the government of Russia, no less, alerted us about this man and he was under questioning, was investigated and nothing happened. You know, if there are questions that can lead to improving the protocol, to improving the process, to maybe catching a bad guy before he does heinous terrorist acts, then, I say, let's go through the process. We're all going to learn from it.

LEMON: Yes. We've been talking about the weapons that these guys had. So, you know the gun control debate is coming into this.

L.Z., listen. You know, the Senate failed to advance gun control this week that would have expanded background checks and closed the gun show loophole. Then, on Friday, some gun rights activists said that the Boston lockdown with residents warned to stay inside and not to answer their doors to anyone but police, they said it was a perfect justification for owning a gun.

Are we done with new gun control efforts and does this story, what's happening here, play into that, L.Z.?

GRANDERSON: N, we are not done with it. I think we just had the first step that was a misstep. To be quite honest, I know a lot of people may not like this. I was kind of glad the bill didn't go through because I thought it was a toothless bill to begin with. It didn't address the things that we needed to address.

If we are basing this off of what happened in Newtown, nothing in that proposed bill was addressing how that played out. And so, before we start throwing things out to the trash and saying, let's move on, we have to remember, we didn't come up with anything to address what happened in Newtown to begin with. We didn't talk about anything in terms of mental health, beyond rhetoric. And that whole, you know, private sale element of the bill which you could have private sales without having a background check, that made the whole thing toothless in my opinion.

So, in some way, I'm glad it didn't pass, because we're able to try to continue now trying to work toward certain something that actually made sense. And as far as having a gun in the household, I agree with the gun rights advocates. I think that's a good thing to have, but that's not what we are talking about. We are not talking about your Second Amendment rights. We are talking about curtailing violence.

LEMON: Yes. Ana, quickly, would you like to respond to that?

NAVARRO: Yes. Look, I think L.Z. is right. I think it wasn't the right approach for dealing with the aftermath of the Newtown tragedy. And also, look, the White House took ownership of this bill and they forgot a key component, all politics is local.

This was a fight that had to be given and done locally and some of those red states where Democrats voted against it and, of course, Republicans voted against it. So, I think if we had -- this is a piece meal approach for what is a comprehensive problem that requires a multi-faceted solution and that needs a lot more selling and a lot more educating toward the public.

It was done too fast. It was the wrong approach. It was piecemeal. It didn't address Newtown.

It was just handled incorrectly from start to finish, unfortunately, because I would have liked to see it pass.

LEMON: Yes.

Ana Navarro, L.Z. Granderson, thanks to both of you.

We have lots of news outside of Massachusetts to tell you about. We are going to get you caught up on all of the headlines next here on CNN.

(COMMERCIAL BREAK)

LEMON: News of the deadly Boston marathon bombings that killed three and injured nearly 200 dominated CNN's news coverage this week. But while all eyes were on Massachusetts, there was plenty going on elsewhere. Victor Blackwell is standing by in Atlanta with some of the stories you may have missed.

Hi, Victor.

VICTOR BLACKWELL, CNN ANCHOR: Hello, Don.

There were a few other scary moments this week. Poisonous threats in the form of letters sent to President Obama and a U.S. senator. Now, the FBI says each tested positive for ricin, a third letter sent to a judge in Mississippi is being retested.

The man charged in the case, Paul Kevin Curtis is in jail in Mississippi. He vehemently denies the allegations against him, according to his attorney. Now, the FBI says it is not aware of any illness as a result of the letters.

After the Boston bombing, some say work on an immigration bill should be delayed. Republican Senator Dan Coats of Indiana says that Congress should wait until the emotional reaction to the bombing subsides before debating immigration. Now, the two brothers came to the U.S. legally from the Russian Caucasus region and they were granted asylum. Now, the younger brother here in the white hat immigrated with his parents in 2002. The older brother came later. That younger brother became a U.S. citizen last year.

For the Boy Scouts of America, gay scouts might soon be allowed to join but not gay scout leaders. That's the proposal from the scout's executive committee. A final proposal is expected to be presented to the Boy Scouts voting members at their meeting in Dallas in May.

Let's go back to Boston now -- Don.

LEMON: All right. Thank you, Victor. We'll check back in with you.

You know, investigators have a lot of questions for the Boston bombing suspect who is still alive. They can't talk to him yet. He is still recovering in the hospital. He could be charged while he lies in the hospital bed.

Stay right here for more of our coverage from Boston.

(COMMERCIAL BREAK)

LEMON: Welcome back to our continuous coverage of the Boston bombing. Live pictures now from Copley Square. You see investigators there now, looking over the scene. And also opening up more of the city. More of the Back Bay so that life can return to normal as much as possible here in Boston. In the meantime, we want to update you on the Boston bombings investigation. A federal law enforcement official tells CNN that investigators believe the Tsarnaev brothers purchased their bomb components locally but that their guns came from elsewhere. Gun traces we are told are still ongoing.

The Justice Department says no charges will be filed today against Dzhokhar Tsarnaev in the Boston marathon attacks. When the charges come to a Justice Department official come -- Justice Department officials says Tsarnaev could be charged with both federal terrorism charges and state murder charges.

And we continue to learn more about Tsarnaev's brother, Tamerlan Tsarnaev, who died in Friday's shootout. Last year, he created a YouTube channel with links to videos by Chechen radicals like the one seen here.

Motive for the Boston bombings remained unclear, though, right now. Two suspects immigrated to the U.S. and then what went wrong?

Emily Schmidt, tracking the latest on this investigation for us.

So, Emily, she joins us now from Washington. What do you know?

EMILY SCHMIDT, CNN CORRESPONDENT: Hey, Don, while federal prosecutors are preparing to move forward with their case against the surviving Boston bombing suspect, we're also now hearing some questions from lawmakers on both sides of the aisle about his older brother's six- month trip to Russia last year and his family ties to Chechnya.

Lawmakers are wondering, could he have been trained or maybe even radicalized there by Chechen jihadists.

(BEGIN VIDEOTAPE)

SCHMIDT (voice-over): More questions are emerging about the Boston bombing suspects. Did the FBI do enough to learn about one brother? And now who questions the younger brother.

SEN. LINDSEY GRAHAM (R), SOUTH CAROLINA: This man, in my view, should be designated as a potential enemy combatant and we should be allowed to question him for intelligence gathering purposes to find out about future attacks and terrorist organizations that may exist that he has knowledge of.

SCHMIDT: Republicans Senator Lindsey Graham says the enemy combatant designation would allow investigators to question Dzhokhar Tsarnaev, a U.S. citizen, without a lawyer, acknowledging that none of that information could be used against him in a criminal court.

Democrat Dianne Feinstein argues questioning can happen for a limited time before Miranda rights are read, without calling Tsarnaev an enemy combatant under what's called the public safety exception. It let's investigators question a suspect about any imminent threat.

SEN. DIANE FEINSTEIN (D), CALIFORNIA: I'm not really worried about whether they can be convicted. The question is, what else would they have been up to? Who are their associates? How did he become radicalized? Is there a Chechnya connection. And that's what has to be discovered.

SCHMIDT: There's also debate about Tamerlan Tsarnaev, shot dead during the manhunt. The FBI interviewed him in 2011 at the request of Russia then dropped the matter after asking for more specific information from Russia the FBI says it never received.

REP. MICHAEL MCCAUL (R), TEXAS: Why is this FBI interview important? Because if he was on the radar and they let him go, he's on the Russian's radar, and why wasn't a flag put on him? Some sort of customs flag.

SCHMIDT: House Homeland Security Chairman Michael McCaul says he and fellow Republican, Peter King, want answers from the FBI. Democrats have questions, too.

SEN. CHARLES SCHUMER (D), NEW YORK: Why wasn't he interviewed when he came back, either at the -- at the airport when he was returning or later? And what happened in Chechnya?

(END VIDEOTAPE)

LEMON: A lot of questions. So, Emily, do lawmakers feel like the FBI dropped the ball by not interviewing the older brother after his trip to Russia? It certainly sounds like it.

SCHMIDT: Don, you know, that phrase "dropped the ball" is exactly what we heard Lindsey Graham talk about on one of the talk shows today. He said he wanted to know how the FBI or the system, he said, dropped the ball when they didn't have an interview with Tsarnaev when he came back into the United States.

A lot of the lawmakers were saying look, we don't want to Monday morning quarterback this. We are not necessarily putting the blame on the FBI. They said that they also have some tough questions that they would like to hear some answers to based on this unfolding investigation -- Don.

LEMON: Emily Schmidt, thank you very much.

Worshippers filled New England's largest Roman Catholic Church this morning, reflecting on the violence in Boston that began nearly a week ago.

Members of law enforcement took part in the service at the Cathedral of the Holy Cross. Four large photos of the -- of the people killed were prominently displayed behind four lit candles. Cardinal O'Malley shared a message of healing, saying, in the midst of the darkness of this tragedy, we turn to the light of Jesus Christ.

Elsewhere, a group of Christian, Jewish and Muslim leaders gathered near the marathon finish line in a show of support. The area remains barricaded. A barricaded crime scene right now. While the bombing suspect recovers in the hospital, the investigation is heating up. We'll find out how prosecutors plan to make their case. That's next.

(COMMERCIAL BREAK)

LEMON: As police closed in on the 19-year-old brother late Friday night, a suburban Boston street became a warzone. Reporter Adam Williams with our affiliate WHDH was so close he could smell the gun powder. Here is some of his report.

(BEGIN VIDEO CLIP)

ADAM WILLIAMS, WHDH REPORTER: I'm behind the car, I'm hearing multiple gunshots. We're with police -- we're with police right now. And we're trying to stay back right now but we are surrounded by police. And we're seeing police running, guns drawn. And we have heard multiple gunshots.

I'm actually standing behind the car right now. This is not a good position to be in. The officers are putting on bullet proof vests. We have police running, all guns drawn around me right now. There are probably 10 different cruisers and officers getting out of their cars, guns drawn. They are running all around me right now.

When we pulled up, the car had stopped around the police cars. I heard probably 28 gunshots. And I'm just staying down. I never in my life have been in a situation like this.

(END VIDEO CLIP)

LEMON: Unbelievable. Unbelievable there.

The legal case against the surviving suspect just now beginning as both federal and state authorities tried to build their case.

Joining me now from New York, "In Session" correspondent, Beth Karas. She knows all about the law.

So, Beth, let's talk about this possibility of designating the suspect an enemy combatant. Talk to me about that.

BETH KARAS, CORRESPONDENT, "IN SESSION" ON TRUTV: You know, I really don't see that right now. But we don't have all of the information. If this is something broader than these two individuals working alone in the United States, then they are not enemy combatants. I would argue. However, if it's something more global, if they were -- you know, if they're working in conspiracy with others in another country, maybe so.

Now enemy combatants basically are unlawful combatants. And they usually, there is some sort of war going on. These are at least one American citizen committing an act on American soil against Americans. It might be a stretch right now. However, we don't have all the facts. So we need to keep the possibility open. LEMON: OK. Is this going to be -- one was thinking and it may not be, though. Just looking at this as a lay person, that this would be a slam-dunk for the prosecution. But what does the prosecution need to do here, Beth?

KARAS: Well, let's look at what they have right now. They have physical evidence of the explosive device. They have photographs and video of the one defendant now carrying a device. There is an eyewitness of his brother placing the device right next to him. One of the victims of the bombing.

There are statements that they allegedly made to the man whose car was carjacked admitting that they were the Boston bombers. So -- it looks like ample evidence for a grand jury, for example. You don't only need probable cause to charge them at this point. You need proof beyond a reasonable doubt later on. I say them, it's one. But when Dzhokhar can finally go to trial and be prosecuted and can communicate with his lawyers, I suspect that his lawyers are going to say that he was influenced by his brother and he is less complicit.

However, he carried one of these devices. He placed one of these devices. So I think it's a tough road for a defense attorney in this case.

LEMON: What does -- I was just thinking about this as you said that being influenced by his older brother, because he was 19. Where does -- when someone is tried as a minor, what's the age? Do you know what it is? I hate to put you on the spot. What is it here in Boston?

KARAS: Well, you know, usually, it's 17 or 18. He's 19. So he is not considered a minor.

LEMON: Right. Right.

KARAS: OK. He's not a minor. I mean he's young. He doesn't have a criminal record.

LEMON: I was thinking -- I was thinking he was just outside of it -- yes, I was thinking that maybe he was just out of it at 18.

KARAS: Yes.

LEMON: I was just wondering. It's just a question that I was wondering here.

KARAS: Right.

(CROSSTALK)

LEMON: So let's talk about the death penalty --

KARAS: He is just outside and that will work in his favor. Right.

LEMON: Yes. OK.

KARAS: That worked in a --that's what, I anticipated your next question. Sorry.

LEMON: Yes. So -- you mean the death penalty. Is that what you're talking about here?

KARAS: Right. That.

LEMON: Because there are federal -- there's not a state death penalty here. But he's going to face federal death penalty charges, we're hearing, the possibility of that.

KARAS: Yes. Yes. There is a possibility. Because a weapon of mass destruction, the charges do carry the death penalty. But his age, 19 years old, no criminal record, is a factor to be considered in his favor to mitigate against the death penalty. So that works in his favor. However, there is plenty that works against him.

LEMON: Beth Karas, reading my mind, anticipating the next question. Thank you, Beth. In New York. We really appreciate that.

KARAS: I'm sorry.

LEMON: All right. Coming up, we'll have much more on the developing story here in Boston. Plus, another community dealing with tragedy today. Victims of that deadly fertilizer plant explosion are being laid to rest. We will check in on the church services.

(COMMERCIAL BREAK)

LEMON: Turning now to some of the other headlines. Boston was not far from the minds of spectators and runners attending the Boston marathon today.

The race began after 30 seconds of silence to commemorate those killed and wounded in Monday's attack.

Back here in the United States, rising floodwaters are causing misery for people in several cities throughout the Midwest. Some of the worst flooding is occurring along the Illinois River. Tomorrow, the river is expected to pass the record high of 28 feet set in 1943. Even worse, forecasts are calling for more rain early in the week throughout the region.

A second wave of people who live near the site of that massive explosion at a fertilizer plant in the town of West, Texas, were allowed to return home today. Residents who were lucky enough to still have homes began returning yesterday.

Wednesday's explosion flattened the north side of the small farming town heavily damaging a nursing home, schools and neighborhoods. Fourteen people were killed. Hundreds of others were injured. And authorities still don't know why it happened.

Straight ahead, the role of sports in Boston's healing. When bombers targeted the city's marathon, the city's fans and teams rallied to their cause.

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LEMON: A spontaneous and inspiring moment at Wednesday's Boston Bruins hockey game. The Bruins' first home game after Monday's attack. The soloist let the crowd take over and sing the national anthem. A rousing and heartfelt show of support by and for the people of Boston. Certainly very moving there.

And we saw more of that spirit yesterday when the Red Sox returned to action. The one and only Neil Diamond showed up in person to sing "Sweet Caroline's" song usually played at Red Sox home games.

Well, the game also featured pre-game tributes to first responders, to law enforcement, and a moment of silence for those who died.

I want to talk about this extraordinary time in Boston. And how sporting events played such a central role in all of this.

Terence Moore is in Atlanta, and he is a sports contributor to CNN.com and a columnist for MLB.com.

So, Terence, it's good to see you. The bombing disrupted the Boston marathon, you know, but you could argue that the Bruins and the Red Sox have helped the city begin to heal now. So tell us a little bit about how this city embraces its sports team. It's a big sports town.

TERENCE MOORE, CNN.COM SPORTS CONTRIBUTOR: Well, Don, you're exactly right. And in that respect, the bombers picked the wrong city. Because, you know, we look at Boston, and their sports teams, their sports events, they're almost synonymous with patriotism. All right? The NFL team, the Patriots. And when does the Boston marathon take place? Always takes place on Patriots Day which is something that's symbolizing the first battles in the American revolution.

And then you look at the Boston Red Sox. Babe Ruth starts where? The Red Sox, which it can't get any more American than that. So you just would expect nothing less than Bostonians to react the way they have the last few days.

LEMON: Absolutely. You know, we should note, too, that the Texas Rangers are collecting money and donations for victims of West, Texas, explosion. And minutes ago, Major League Baseball announced it's joining the Red Sox to donate $600,000 to people affected by the bombing. So let's look to the future here. Will this week's bombings, you think, have a lingering effect on the rest of the sports world?

MOORE: Well, I mean, it has to. You know, people are going to be looking over their shoulders. When you talk about law enforcement people, athletes, coaches, fans. But I tell you what, Don, you just hope that it goes back to that old World war II thing in England where they had those placards made up saying keep calm and carry on. And we saw a lot of that today at the London marathon where people just went about their business doing what they were doing before.

And a matter of fact, they said it's the largest London marathon crowd in about six years. But here's the problem, though. It will never be the same because particularly at major events because you know that coming up in the next few weeks with the Kentucky Derby and the Indianapolis 500, the organizers of those events, they've probably had a lot of sleepless nights here the last few days.

LEMON: Yes. I tell you what, Fenway Park yesterday, I mean, it was like a ceremony at church. Very uplifting. People needed it. And it was good to see.

Terence Moore, always a pleasure. Thank you, sir.

MOORE: Thank you.

LEMON: All right. You know, he is the best American marathon runner to race in Boston. Now more than a decade after retiring, Bill Rogers is lacing up again. When he comes back -- when he makes his comeback, I'll get thoughts on Monday's attacks and the plans to get -- for a big return to Boston. Excuse me. We'll be right back.

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LEMON: You guys should really sit down and watch this. It's an honor for me to interview this next person. The man who knows the Boston marathon better than anyone. He won the race four times. Two of those times breaking the American record.

Bill Rogers hasn't competed since 1996, but in the light of last week's attacks Rogers is now -- he's coming out of retirement right now to run in next year's marathon. He joins us now live from Boston.

But you did run, in 2009, you -- right?

BILL ROGERS, FOUR-TIME BOSTON MARATHON WINNER: Yes.

LEMON: Yes. And you haven't for a while because of your health?

ROGERS: Yes. I actually retired at the 100th anniversary of Boston. Because I ran the marathon 23 years. I've run in five continents. And I've done a lot of racing.

LEMON: Yes.

ROGERS: So time to take a break.

LEMON: So you're planning on doing it next year? Because of this?

ROGERS: Yes. And because just about every runner I know wants to run Boston next year. It's going to be a huge race. And I think it's going to stand as a symbol of what maybe we can only run, but that's something.

LEMON: Yes. You know, the president said, you know, we may -- we may fall, but we get back up. You know, it's like the 79-year-old runner, the older runner who ran. He was talking about this time. But we get back up and we keep running. And he predicted that next year's marathon would be bigger and better than ever. And you're making that same predictions. ROGERS: Yes. I definitely agree 100 percent with what President Obama said. You know, it's -- but it really wasn't something about the marathon. It was more of a spirit of the American people and the way we are. And he made that very clear. And I think Boston, the oldest marathon in the world, we want to keep it going. And nothing will ever stop it, I don't think. And we're going to have a great day in Boston next year.

LEMON: Where were you when you heard about it?

ROGERS: I was actually at home with my girlfriend, Karen. And we had gone for a run. But my daughter and my brother were out here near where the bombing was. So I was a bit nervous until I knew they were safe.

LEMON: What did you think?

ROGERS: I didn't know what to think. I was just state of shock and, you know, I've seen some political protests, you know, the Olympic games, and even here at Boston, some other places. Because it's a place where the world comes together. But in the spirit of the Olympic Games, that's where the healing comes from, I think.

LEMON: Yes.

ROGERS: Because all nations are -- have runners. Every major city in the world has a marathon. And people meet each other and then you start thinking differently about life.

LEMON: Yes.

ROGERS: And all that.

LEMON: Yes. Thank you.

New details are trickling in about the Boston bombings suspects and possible ties to Islamic extremism.>