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Boston Bombings; 57 Bombing Victims Still in Hospitals; FBI Interviewed Dead Suspect in 2011

Aired April 20, 2013 - 19:00   ET


DON LEMON, CNN ANCHOR: I'm Don Lemon, live in Boston.

Live pictures now from a city that is beginning to recover from a week of tragedy and being under a virtual lockdown. Residents and tourists finally venturing out, bringing this vibrant city back to life suddenly. And this is happening even though we are reminded of the tragic events. The vigil is set to begin this hour for a police officer killed in the line of duty.

We're going to take you there live.

And this is the boat where the 19-year-old hid from officers during a day-long manhunt. Investigators are on the scene, they're scouring it for evidence.

I have so much to tell you about, I almost don't know where to begin tonight. New details, a lot of them you'll only see right here on CNN. They're coming in from everyone this ordeal unfolded, from Watertown, from here in Boston, from the college campus where on the bombing suspects went to school and from the police who zeroed in and ended the long manhunt with the best possible outcome.

Here's how it all -- how they did it. In the end they found Dzhokhar Tsarnaev hiding in a boat. A thermal imaging camera picked up as clear as day. The brothers were already on the fed's radar, at least the older one was. The FBI questioned him a couple of years ago, suspecting he might be an extremist.

Now, the brother's father told CNN he talked to him and were his sons capable of bombing the marathon? No way, he says. That's what the father says. I'm going to play you his interview in just a minute.

And another relative felt more strongly about this. You'll hear from the brother's uncle. That's coming up as well on CNN.

And can you believe the younger was in class just before this big manhunt. Some people say he was partying. We've got a crew on the UMass Dartmouth campus. And we're going to go there live as well.

And what Dzhokhar Tsarnaev? Where is he now and is he going to make it? Police say he is hurt bad. We're live from the hospital and we are going to find out if he is talking right now.

But, first, we're going to go CNN's Candiotti. I want to get to her first. Susan is in the neighborhood where this manhunt went down and eventually indeed.

And I see that police and the FBI are still on the scene where you are. What are they looking for right now?

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Well, they're looking, Don, for evidence to build their case, anything that could help. For example, any explosives residue to prove that he was helping to build homemade bombs. They're looking for any evidence that he might have fired a gun. They're looking for blood evidence. All things they can use as they try to build their case against him and they've been at it all day long.

But the other thing we're learning is that they're, of course, collecting a lot of this from the boat. And you talked about those amazing photographs that we now have, the thermal images photographs taken of the boat in which he was hiding.

A special equipment was brought in by police helicopter by the Massachusetts state police. And on it, you can show in these photographs, you see pictures in white and that shows the heat of someone's body. And then, there are others when they flip the image in dark, you can even see his feet. And in still others, you see a robot that was brought in to pick off that tarp that was on top of him so that they could confirm that indeed the suspect was inside that boat.

It was an amazing evening. That was when the police came in, confronted him, there was an exchange of gunfire and then they took him into custody. The chief of police here in Watertown told Wolf Blitzer in an exclusive CNN interview about what went into that night's events.


CHIEF EDWARD DEVEAU, WATERTOWN, MASSACHUSETTS POLICE DEPARTMENT: We had a couple of thousand police officers on the scene. The turnout was just incredible, the support that we got from the state and from the region. So, we had the tactical people to be able to close that scene in and secure it. We did take our time to make sure that everybody was safe in the neighborhood. An eventually we had to use some flash bangs to render the subject --

WOLF BLITZER: (INAUDIBLE) is a flash bang is?

DEVEAU: It's just a loud compression that would stun somebody for a short period of time, and then we began negotiations. And slowly, over a 15-minute period, we were able to get him to stand up and show us that he didn't have a device on him.


CANDIOTTI: But at that time, they said they didn't question him. He was taken by ambulance to the hospital, Don.

LEMON: How are people doing in that neighborhood on the street? Are they still in shock? CANDIOTTI: Well, I mean, some people are but it feels a lot different today. People are far more relaxed to a great degree. They want to come out and frankly see everything that's going on, to visit with their neighbors to compare notes about it. They're still shaking their heads that something like this could have happened right here in their neighborhood and it's certainly something they're never going to forget -- Don.

LEMON: All right. Susan Candiotti -- Susan, thank you very much.

I want to go back a day when the Tsarnaev brothers were leading police all over the Boston area. And, remember, the FBI has just released the pictures and identified them as suspects in the marathon bombing. We learned today some very interesting details about that car chase and the way the older brother died.

I want you to listen to the Watertown police chief talking with our Wolf Blitzer.


DEVEAU: At some point, the first brother who died at the scene, he, all of the sudden, comes out from undercover and just starts walking down the street shooting at our police officer, trying to get closer. My closest police officer is five to 10 feet away. They're exchanging gun fire between them. He runs out of ammunition, the bad guy.

So, one of my police officers comes out and tackles him on the street, they're trying to handcuff him. There's two or three police officers handcuffing him --

BLITZER: The older brother?

DEVEAU: The older brother. At the same time, at the last minute, we obviously television, it is a very stressful situation, one of them yells out, look out and here comes the black SUV, the carjacked car, directly at them. They dive out of the way and he runs over his brother and drags him short distance down the street.

BLITZER: In effect killing his brother.

DEVEAU: Yes, that's what we think.


LEMON: Let's go live now to the campus of UMass, Dartmouth. That's where Dzhokhar Tsarnaev was a student.

And, CNN's Chris Lawrence is there right now. Chris, do people on campus know this guy?

CHRIS LAWRENCE, CNN PENTAGON CORRESPONDENT: A lot of them do, Don. In fact, we just spoke with several students who were good friends of Dzhokhar. That's what they know him here, as Dzhokhar. In fact, one of them said he saw Dzhokhar in the dorms just a couple of days after the bombing. And that I think is the thing that's really resonating here, the fact that after this bombing that Dzhokhar could come back to campus and seemingly just live out what had been a normal routine.

The student that we spoke with said he passed him in the hall, he said, hi, they did some small talk. He said I didn't notice anything, anything, nothing nervous, nothing scared, nothing out of the ordinary. He said it was just regular old Dzhokhar.

We've also confirmed with the university that Dzhokhar was on campus for several days and did visit several of the buildings here. You have to use an ID, swipe your student id to get into some of the buildings. The university confirming that he did swipe in to visit the dorm as well as visit the gym as well. A lot of students say that's where they would see him very often, that he loved to work out, lift weights. They would always see him in the gym.

So, Don, the bottom line, I think, from the school here and from the students, just very, very shocked at how if blanks are filling in between Monday's bombing and Friday night's capture and thinking about this student who came back and apparently went back to the dorm, went back to the gym, he just sort of went back to his normal routine and life -- Don.

LEMON: All right. Chris Lawrence, thank you very much for that.

The father of the brothers stands by his innocence. CNN's Nick Paton Walsh spoke briefly with Anzor Tsarnaev in Russia.


NICK PATON WALSH, CNN INTERNATIONAL CORRESPONDENT: CNN? I'm so sorry, sir, we just wanted to hear your story at that's all. It's a very difficult time for you. We want to give you a chance to tell people how you feel about this.

We just feel so we don't really have a chance to properly hear all you have to say about the terrible circumstances you're in.

ANZOR TSARNAEV, FATHER OF BOSTON BOMBINGS SUSPECTS: My kids never did anything -- that's it.

WALSH: Sir, so your sons didn't do this?

TSARNAEV: Never, never.

WALSH: Are you going to America?

TSARNAEV: Yes, I will go.

WALSH: When will you leave? You will forgive me, sir. I'm just simply trying to do my job here. I understand.

When was the last time you spoke to them?

TSARNAEV: Sunday morning. That's it.

WALSH: Have you been in touch with the special services here? What do they have to say to you? OK. I understand. I understand. (END VIDEO CLIP)

LEMON: The uncle of the Tsarnaev brothers was more open to their guilty. Ruslan Tsarni who lives in Maryland sat down exclusively today with CNN's Shannon Travis.


RUSLAN TSARNI, BOMBING SUSPECT'S UNCLE: I'm relieved. I'm relieved that he's alive, first off, that there's now a chance to find out who was behind it, who were the mentors of all of it. And how possibly could he get involved and do this harm to innocent people.

And second of all, I stress that it's a chance for Dzhokhar to seek forgiveness.

He used his younger brother. He wasted his life. I understand he did not do what -- I mean, he messed up his own, I know what was going on that, but he messed up his life.

That's why he decided to take lives of innocent people, hurt innocent people. I may believe he's been full of evil, maybe he's been himself as an evil. He turned to be an evil. As I said, confused, entirely confused.


LEMON: Dzhokhar Tsarnaev is under guard at Beth Israel Deaconess Medical Center. Just a 10-minute drive from the site of the bombing he's accused of committing.

Our senior medical correspondent is Elizabeth Cohen and she's live outside the hospital. Elizabeth, what is his condition? Is he well enough to speak with investigators right now?

ELIZABETH COHEN, SENIOR MEDICAL CORRESPONDENT: Don, he's in serious condition and the only detail we know actually comes from Massachusetts Governor Deval Patrick. While he was in Fenway Park today, the governor said, I think he is not able to communicate.

That's a very important detail. It tells us a couple of things. One, it means that there's a possibility that he has been intubated. That means that a tube would have gone done his throat. He would have been put on a ventilator to help him breathe. That's a very common thing to do when someone has had a lot of blood loss.

It's also possible that he's heavily sedated. It's also possible that he's unconscious in some way. We don't know. But again, some possibility that he's been intubated and that's why he can't talk, we're not exactly sure. Again that's the only detail we know.

Again, this is important legally because you can't arraign someone if they can't communicate. You have to wait until they can talk and be able to respond that they understand the charges against them -- Don.

LEMON: Elizabeth, let's focus on the victims here. How many people hurt in the bombings are still in the hospital?

COHEN: Right. At least 57 people are still in the hospital, three of them wounded critically. In the hospital behind me, there are 11 people in the hospital. And this is wonderful. I'm so glad to be able to say this -- nine out of the 11 are in good condition.

So, every day we're hearing about fewer people in the hospital and conditions improving.

LEMON: Elizabeth Cohen, thank you very much for that. Meantime, the people of Boston are trying to get back to their regular routines right now. And, of course, that means the Red Sox. An emotional day at Fenway Park, included a recognition of law enforcement officers.


ANNOUNCER: Scouring every tape and working relentlessly, fearlessly and triumphantly to seek, find and bring those responsible to justice.



LEMON: Pregame events also included a moment of silence for Monday's victim to salute first responders and volunteers at the marathon. And Red Sox designated hitter David Ortiz took the microphone before and finally got the crowd fired up. We're going to bring you his comments a little bit later on here on CNN>

We're learning more as to why the FBI spoke to the older suspect, Tamerlan Tsarnaev, just a couple of years ago. We're going to get the very latest from Washington next.

Happening right now at the campus of University of Massachusetts at Dartmouth, a vigil for the police officer who was shot to death Thursday effectively marking the beginning of the end on the pursuit of the suspects. We're going to take you there live.


LEMON: The FBI has confirmed that two years ago, agents interviewed Tamerlan Tsarnaev. Authorities overseas had determined he was a follower of radical Islam.

CNN's Joe Johns has the story -- Joe.


JOE JOHNS, CNN CRIME AND JUSTICE CORRESPONDENT: Don, it's all about the interviews right now, the government hasn't said whether it's gotten a chance to interview the custody they took into custody last night. But what's getting so much attention is that FBI agents interviewed the suspect's brother two years ago and found nothing incriminating. (voice-over): The fact that Tamerlan Tsarnaev was interviewed by the FBI almost two years before the marathon bombings was already stirring up controversy before the chaos cleared in Watertown.

The Republican chairman of the House Homeland Security Committee.

REP. MICHAEL MCCAUL (R), TEXAS: If he was on the radar and they let him out of their sight, that's an issue certainly for me.

JOHNS: Tsarnaev's contact with the agency were made public by the man's mother who suggested agents had been harassing her son for years.

ZUBEIDAT TSARNAEV, MOTHER OF SUSPECT: They knew what my son was doing. They knew what action and what sites on Internet he was going. How could this happen? How could they -- they were controlling every step of him, and they are telling today that this is a terrorist act.

JOHNS: The FBI confirmed that in 2011, it interviewed the older brother and family members. It did not say how many times. It was at the request of Russian intelligence, according to a senior U.S. official.

The FBI said the request was based on information that Tsarnaev was a follower of radical Islam, a strong believer, and that he had changed drastically since 2010.

In response to the request, the FBI says it checked U.S. government databases and looked for derogatory telephone communications, possible use of online sites promoting radical activity. The FBI says it did not find any suspicious activity, gave the results to the Russian government and asked for but didn't get more information. And then they closed the file.

TOM FUENTES, FORMER FBI ASSISTANT DIRECTOR: They don't give you more than everything that can be done has been done unless you know that there should be more to the story.

JOHNS: That interview came before travel records show Tsarnaev flew from New York City to Moscow in January 2012 and stayed in Russia six months, returning to New York in July. It's not clear what he did there, but Tsarnaev's father had said his son was with him at all times.

But when he got back things were different. Homeland Security Chairman McCaul says he started putting radical jihadist material on YouTube Web sites.

MCCAUL: What I'm very concerned about when he went over there, he very well could have been radicalized and trained by these Chechen rebels who are the fiercest jihad barriers.

JOHNS: But the dead suspect's uncle told CNN his radicalization began in the Boston area.

TSARNI: It started right there in Cambridge, right there on the streets of Cambridge where this guy, this new convert is going to the local mosque on Massachusetts Avenue. So, I'm saying it started there.

JOHNS (on camera): The documents show no record of the younger brother Dzhokhar Tsarnaev leaving the country. Tamerlan Tsarnaev was a legal permanent resident of the United States. His brother is a naturalized citizen, both men were born in Kyrgyzstan -- Don.


LEMON: All right. Thank you very much, Joe.

I want to get to some live pictures now. You know, it was a fatal shooting of a campus policeman that set off a series of events this last Thursday night. Officials say that Tsarnaev brothers for no obvious reason killed Massachusetts Institute of Technology police officer Sean Collier while he was sitting in his cruiser. I want you to take a look now. This is a video just in to CNN recorded just moments ago taking place on the campus of MIT. The Boston police and other first responders paying their tribute to that fallen officer, hundreds of officers lining the streets there. A vigil is underway in Wilmington, Massachusetts.

The MIT police chief said Collier was born to have a police officer. The MBTA just released this photo of Collier. Stand by -- before w get to that photo, I want to look at these pictures.

We're watching the hearse go by of Officer Collier, 26-year-old and MIT police officer killed.

And there is that picture of the officer alongside MBTA officer Richard Donohue. He was seriously injured later Thursday night in a shootout. The two graduated from the police academy together.

Next, how law enforcement got their man, the tracking of the surveillance, the military-like steps that went into capturing the marathon bombing suspects.


LEMON: We're going to get some expert analysis now on several aspects of the capture of the suspected Boston bomber.

Tom Fuentes is a former assistant director at the FBI as well as CNN law enforcement analyst. And then Jeff Beatty is a security consultant and a military veteran who has worked for the CIA and the FBI.

Jeff, I'm going to start with you. These thermal images that we're looking at, and our viewers are looking, the suspect before he was captured -- I know what I see, but as a law enforcement officer, who is to bring this suspect into court and to talk about this, what do you see? How does this help? What does this do?

JEFF BEATTY, SECURITY CONSULTANT: These are fantastic images. It certainly shows the smart application of the whole tactical picture last night in Watertown. You know, they took time, fully develop the situation.

Not only will these pictures be helpful in a court case, but it's very important for the officers who are thinking about will we have to go up there and physically take him by force out of that boat? Is he armed? What kind of condition is he in? Very helpful images, great technology. Just -- it was a textbook case last night of doing the right thing.

LEMON: I want to go to Tom now. Tom, you know, the fact that the FBI interviewed Tamerlan Tsarnaev back in 2011, are there people in trouble in the FBI right now? I mean, why there's in tracking of him? Put this into perspective for me.

FUENTES: Well, first of all, there's not going to be people in trouble until they determine that somebody really did something wrong and had more information to go on than they acted on.

I ran my last five years in the bureau the office that dealt with this issue, although this came up after I was gone. But the international operations of the FBI, with 76 officers outside the United States, requests coming in from foreign partner, or if it comes in here through their embassy. Fifty countries have attaches here. They can sometimes bring it directly to my former staff here in Washington.

They make a request for investigation based on the information that you've heard about. The FBI conducts it, they go out, start talking to people, doing the background, getting records, doing as much as they can do with it. What they hear is what your reporters or CNN reporters and others have heard all week about these brothers, that you hear very little derogatory. It's mostly how well they're assimilating and doing well in the country. No other information comes up from phone records or Internet records at that time to indicate that he's involved either overseas or here, with an organization that would plan to harm the United States.

Now, I should add another consideration in conducting these investigations for our foreign partners is that the information has to be enough and be specific that we're not just looking at somebody because they politically are a dissident in that country. So, we need a little bit more to go on. And, secondly, it's also triaged in a way by the region that that person is going back to.

You know, many of the people that have come up on FBI radar have made trips back to very troubling areas to visit family and that's actually when tracked and working with our foreign counterparts overseas. It turns out that's what they were doing. They weren't always going back to be involved in a terrorist activity here.

The particular region we're talking about, the caucuses region of southwest Russia, I'm not able to think of a case that they sent somebody from that region, trained a person with the idea of attacking the United States. So, that's a little bit of an issue here of what information that they had. And from what I understand, the FBI asked Russia to provide additional information. So they weren't just folding the case and ending the inquiry as quick as they could to be done with it. LEMON: Right.

FUENTES: They asked for more information and didn't receive any additional information to go on, additional requests.

LEMON: And, Jeff, I want to talk to you about this. There's been a big debate about whether Dzhokhar should be tried under military or civilian laws. He still has to be read his Miranda rights and all of that.

BEATTY: Right.

LEMON: Enemy combatant, he wasn't mirandized.

BEATTY: Right.

LEMON: But why would he be an enemy combatant. He's an American citizen.

BEATTY: Well, I am not saying he should be, that's for sure. I think what you've identified though, Don, is a really big gray area. The Geneva Conventions govern all sorts of conventional war. The last one of those was in 1949. There's been a few protocols that talk about acts that might be considered terrorism in Syria and things like that, in a civil war.

But this whole type of situation as you mentioned from the Timothy McVeigh type situation, to this type of situation, how are these people to be categorized? And it might be a time for the international community to get together and say, you know, we need to come up with some definitions that help our member nations actually address the phenomenon that they find themselves facing.

LEMON: Yes, I said to you in the break, you know, how was Timothy McVeigh treated? That was a homegrown terror.


FUENTES: Can I add to that, Don?

LEMON: Go ahead, Tom. Yes, absolutely.

FUENTES: The only thing I would say about this particular topic is let's compare the track records of the number of the investigations that were conducted and prosecutions through the criminal justice system of the United States that have been successful, going back decades.

And let's compare that to the track record of these military commissions. They're not even close. In the case of all of the perpetrators of World Trade Center One, Rasmen Yusef and Company, convicted in U.S. District Court. Other prosecutions, the East Africa embassy bombings in '98. Dozens of subjects were brought back, prosecuted in the Southern District of New York and Manhattan, back in Mary Jo White was a U.S. attorney, all convicted, all serving time in U.S. penitenteries. Najibullah Zazi, Shazad, I mean, we can just go down the line, Richard Reed, the shoe bomber. The FBI and DoJ have a phenomenal track record of putting these people in the prison for the rest of their lives.

And let's just compare that. Let's see someone come out and tell us what's the track record of the military to say they do it any better?

LEMON: Okay. We've got to go. Go ahead, real quickly.

JEFF BEATTY, SECURITY CONSULTANT: No, right on with all of that. I think it's going to come down to people talking about what sort of external influences -- was this eventually done to try to advance the agenda of some other entity that is the sworn enemy of the United States? But Tom is absolutely right with his points.

LEMON: Yes, thank you. At the end of the day, though, terrorism is terrorism, whether it's here or --

BEATTY: At the end of the day, it's just making sure you bring them to justice.

LEMON: Yes. Thank you very much. Thanks to both of you.

You know, a lot of focus these last few days on the bombing suspects, but we don't want to forget the victims in all of this. Their families and the pain the entire community is feeling. We're going to talk about dealing with and overcoming the grief. That's next.


LEMON: I'm Don Lemon live in the CNN NEWSROOM right from Boston. I'm going to get you up to speed on what we know right now.

First, this is the first time we've seen daylight. This is where the Boston bombing manhunt ended last night. The boat in Watertown where Dzhokhar Tsarnaev made his stand against police. Here's how the boat looked under thermal cameras last night. That's Tsarnaev curled up, hiding and bleeding. Police had him in handcuffs just minutes later. We learned today that the Tsarnaev brothers were already on the fed's radar, at least the older brother was. The FBI questioned him a couple of years ago suspecting he might be an extremist.

And can you believe the younger brother was in class just hours before the manhunt? And some people say he was partying, too, and going to the gym just days after the bombing. The brother - the older brother is now dead, and Dzhokhar Tsarnaev is in a hospital, just like nearly 60 people he and his brother are accused of wounding with bombs near the finish line of the Boston Marathon.

So, joining me now is Reverend Nancy Taylor. She's here with me in Boston. She is a senior minister and CEO at the historic Old South Church here in Boston. It's great to see you. Thank you for coming out on this very chilly - very chilly evening.

The church is home to so much history and right now adjacent to the crime scene, how are you dealing with that? How have you been helping people out with their grief and these disturbing moments? REV. NANCY TAYLOR, SENIOR MINISTER & CEO, OLD SOUTH CHURCH: I've been doing most of my ministry out of doors where we can't get to the church and I can't get to my office. So, I've been on the streets walking the perimeter, visiting with people who are at the castle -- the center where people gathered, and doing ministry out of Starbucks and restaurants.

LEMON: How are people holding up? What's the mood of the congregation, the people you're speaking to?

TAYLOR: the moods are so mixed. There's huge relief after last night, enormous relief. But no sooner do you feel relief then there's the experience of the memory of those for whom the ordeal is only just beginning. There's so many who are so grievously wounded that have so much healing to do.

LEMON: Yes. Tomorrow, of course, is Sunday. People are going to be worshipping. What do you plan to say to the congregation tomorrow?

TAYLOR: First of all, to say thank you because so many people have done so much good. Thank you to our civic leaders, thank you to first responders, thank you for those who have not let the darkness overcome us, for whom the light still shines.

LEMON: You were at the interfaith service last week, you got to speak there. What was your takeaway from that?

TAYLOR: It was good to be together. That's the first thing. It was just people needed to come together, see each other. We needed to thank our civic leaders, our national leaders, our state leaders. We needed to celebrate the first responders. We need to lament together as well as to pray together.

LEMON: You know, I was inside the service, and I said, you know, this is something that the Boston needed, the families needed but it was something the country needed to hear, especially at the end the president bringing it all together for us.

TAYLOR: He certainly did. He certainly did.

LEMON: It made you feel better. Do you think it made the country feel better?

TAYLOR: I think so. It's good to be visited, it's good to be thought about, it's good to be cared about, it's good to have your spirits revived. Even small little gestures really make a big difference, like Neil Diamond being at the Sox game today.

LEMON: This will be the first time that you've, since it happened that you have spoken to the congregation.

TAYLOR: Yes. Well I've spoken with them a lot by e-mails.

LEMON: But you'll have a sermon for them.

TAYLOR: Yes. LEMON: Are you ready?

TAYLOR: No. I will be tomorrow.

LEMON: Well, thank you very much. Nancy, the reverend Nancy Taylor, we appreciate you again.

We see it all on television, on television shows all the time. The suspect is arrested he is read his Miranda rights. You know you have the right to be silent, you have the right to an attorney, and on and on and on. But when Tsarnaev was captured last night, he was not read his Miranda rights. We've been talking about that. We're asking why and what it could mean when it comes to prosecuting him. That's next.


LEMON: All right. I want to bring the live pictures now from M.I.T. It's from slain offer, slain M.I.T. Officer, Sean Collier, 26 years old. There's a memorial service going on for him. We saw the hearse earlier. We had a bit of a moment of silence for him as it was going down the street. Thousands of people are showing up. The 26-year-old officer lost his life on Saturday -- on Friday during a chase. And then also it is believed that the suspect, one of the suspects in this case shot and killed him in his police car. Twenty-six-year-old Sean collier of Summerville has been identified obviously as the victim of that shooting, and now they're holding a memorial service for him on the M.I.T. campus. As soon as we get more information on that, we'll bring it to you on CNN. But those are live pictures you're looking at right now.

In the meantime, let's talk more about the suspect here. So many legal questions about this case. Holly Hughes joins me now. She's in Atlanta. She's a criminal defense attorney. She's also a former prosecutor.

So Holly, CNN has been told that Dzhokhar Tsarnaev will be questioned under something called the public safety exception, which means he will not be read his Miranda rights. And Senator John McCain even wants his classified as an enemy combatant. Why no Miranda, and can he be classified as an enemy combatant?

HOLLY HUGHES, CRIMINAL DEFENSE ATTORNEY: Don, that's going to be borne out by an investigation which is still ongoing. And the reason that Senator John McCain and some of the others are pushing for this is they want to get to the bottom of this. They want to know was this just an act by this two particular brothers, or is this widespread? Are there ties to another country? Is this international terrorism?

But the problem is this is going to come they don't have enough to label them as enemy combatants. And these are young men that have been in the country for a while. It's like the lead in you read earlier, Don. Anybody who has watched TV knows they have a right to remain silent. So, whether or not you read Miranda to this man, when he wakes up -- we know that medically he's unable to talk right now -- he still knows he has a right to remain silent. So I'm not sure the enemy combatant label is going to stick. LEMON: OK, then, let's talk about this. Because critics say enemy combatant, that status is a bad idea. I mean, even Alan Dershowitz told Piers Morgan that "there is no way an American citizen committing a domestic crime in the city of Boston could be tried as an enemy combatant. That show absolute ignorance of the law." Who is right here?

HUGHES: You know, at this point, it's too early to tell, but Alan Dershowitz, he is the guru, right? And what he's pointing out is you do not want to mess this up. You do not want to get a confession, you don't want to get information without Mirandizing him if in fact you cannot later label him as an enemy combatant. Then anything he says is subject to be suppressed and inadmissible in a court of law.

His point is, do it the way we always do it. Let the federal prosecutors step in, go ahead, give him counsel, he's not going to get bond. Mirandize him, and conduct a thorough and full investigation so that everything stands up once we get him into a court of law.

LEMON: OK. There is no state death penalty in Massachusetts. So, death penalty, off the table?

HUGHES: No. Don, this is an interesting thing. He can be charged by both federally and state, and that is not double jeopardy. A lot of people hear that, and they think, well, you can't do that. Double jeopardy involves being charged twice in the same court, which would be he goes to state court, he gets acquitted, they come back and add on more charges. He absolutely can be tried. There is a federal death penalty for murder. And we know very sadly not only do we have the tragic killings right there at the Boston Marathon. Then we have this police officer who was also murdered. So, he can face state charges and also federal charges, which would include the possibility of the death penalty, Don.

LEMON: All right. Thank you very much. Holly Hughes, we appreciate that.

We're going to have much more on the Boston bombing case, including the sole of social media in capturing the suspects. That's ahead this hour.

But first, we're going to go live to Texas, where 60 - yes, 60 people are still missing after parts of a town are practically annihilated following a fertilizer plant explosion.


LEMON: More from Boston in a moment, but now we'll go to Texas, where a small town is coping after a massive fertilize plant explosion. Residents can now return home, but will have limited utilities and a curfew. Fourteen bodies have been recovered from the destruction. Ten of those killed were firefighters or emergency responders.

I want to go to CNN's Miguel Marquez. He's in the small town of West. And Miguel, what do you know about the 60 people who were reported unaccounted for? MIGUEL MARQUEZ, CNN CORRESPONDENT: According to the mayor here, they have all now been accounted for. So, it's a welcome bit of news in West that those they couldn't find or had gone missing have now reported in. And all 60 are now accounted for. So it looks, Don, as though the death toll in this terrible explosion is going to stay at 14. Don.

LEMON: So what are they doing? How are they getting to the bottom of this in the investigation?

MARQUEZ: It's really just beginning. The investigators from the Texas state fire marshal just briefed us a short time ago, and ATF is also here on the scene. They are slowly, basically getting their way to where they believe the fire may have started in a building on this plant. They will then figure out what exactly caused the fire to burn so hot.

We do know there was ammonium nitrate in that building or at least on the plant. In talking to chemical experts today, you have to put a lot of heat on ammonium nitrate for it to actually explode. About a thousand degrees Celcius, it's about 1800 degrees Fahrenheit. So what it was that burned so hot to get that to explode will be part of their investigation. Right now, it is being treated as a crime scene even though they say it is no evidence that a crime was committed. Don.

LEMON: Miguel, what about the people who died? Do we know what services are going to begin?

MARQUEZ: We don't. A lot of the bodies, a lot of these individuals were very close in to that explosion when it occurred. And they are having to make identification with the remains. Once that occurs, the city is now talking about a memorial service for all of the dead, and then we will start to see funerals probably within days. But at the moment, they are trying to make the final identifications and let the families know they have the remains, Don.

LEMON: All right. Miguel Marquez and the news that everyone is accounted for coming out of a news conference that just ended. Thank you, Miguel.

The Boston Marathon bombing, it may have been one of the most photographed crimes in history. And the public may have helped solved the crime. We're looking at social media's role, next.


LEMON: Patriot's Day is one of Massachusetts' biggest holidays. Schools close, businesses shut down, and everyone in and around the city is encouraged to cheer on the runners in the Boston Marathon. TV crews, photographers, friends and family runners and tourists with the latest smartphones all descend on the finish line of the Boston Marathon. So when the twin bombs exploded, thousands of cameras were rolling.

I want to bring in now our tech expert, Laurie Segall. Laurie, is it safe to say the Boston Marathon bombing was one of the most photographed crimes in history?

LAURIE SEGALL, CNN TECH CORRESPONDENT: Look, I think you can absolutely make that argument. There were so many people, Don, at that finish line with their smartphones, taking pictures. And that provided all of this evidence. And really more importantly, when the bomb went off -- when those bombs went off, it helped people connect all the digital evidence, the pictures, the social networks.

I want to tell you about a guy named Richard Waley. Now essentially, he found a picture. You're looking at that picture right now. That's his father. He saw that circulating on Reddit, a social network, and he had no idea where his father was. Then he went to Facebook, Don, and he posted - he went out there and posted, I'm going to read it to you. He said, "This is my dad in this picture. I have no idea where my mom is." And he asked people, can you help me? I want to find them in the hospital. You're looking at that right now.

And essentially that went out on Facebook. It went viral. And within ten minutes, Don, he had been able to find out where his parents were. So, you see the power of social media and the power of people having their smartphones and able to take an image in a quick second, and what it did for the investigation. That was one of many stories, Don.

LEMON: I would imagine the massive amount of pictures and video, they were partially responsible for the speed in which investigators were able to solve this crime, laurie.

SEGALL: You're absolutely right. We kept hearing the FBI kept saying, listen, we know you have pictures. Please keep sending them. Keep sending them. And there was a lot of noise, definitely. But on Reddit, on social networks like Twitter and Facebook. There were pictures circulating where people were actually circling who they thought the suspect could be. And there was noise.

But I want to show you this picture right now. You're looking at it. This is a picture taken by David Green. He posted it on Facebook. And when the FBI on Thursday night put out the posting and said, these are our suspects, people started commenting on this picture on Facebook. He sent it to the FBI. CNN actually spoke with him. It was a crucial piece of evidence. Listen to what he had to say.


DAVID GREEN, SHOT PHOTO OF SUSPECT #2: Then I saw the second bomb go off directly in front of me about a quarter of a block away. In that moment, my first reaction is people were really charging me. It was either a stampede. I could either flee or kind of go and help. I pulled my camera out and took one snapshot.

I called the FBI after I looked at that picture, and I had recalled that there was one person who was walking in that mob who was not normal. And my impression was that it was the best that they had at the time. The details are on the cap, the baseball cap where it looked almost like a 7. You could see clearly it was a 3. You could see it a very young person. You could see that the backpack was gone. He dropped the bomb. And now he didn't have it anymore. (END VIDEO CLIP)

SEGALL: You know, valuable evidence, Don. Definitely. You talk about crowd sourcing and investigation. This is definitely one of those times where we saw the power of social media, we saw the power of smartphones.

LEMON: Laurie Segall, Laurie, thank you very much.

Healing through sports. Boston's beloved Red Sox play their first home game since the marathon bombings. A special ceremony shows the city's resilience, complete with some unforgettable words from one of the team's stars.


LEMON: We have some new information, and this is from CNN's Susan Candiotti. Susan is reporting that a U.S. federal official tells her that Dzhokhar Tsarnaev has injuries to his throat and may not be able to communicate verbally for now. Again, the suspect in all this is in the hospital, has injuries to his throat and may not be able to communicate. So the question is, can he be arraigned if he cannot respond verbally? We're checking on that and we'll let you know. Keep you updated here on CNN.

You know, one of the signs that Boston is getting back to normal, afternoon baseball at Fenway Park. 35,000 fans packed into the stadium to cheer on their beloved Red Sox but also show support for law enforcement officials. Look at the applause there. And then there was David Ortiz, Big Poppy. He took to the field before the game, and in front of a live TV audience, he summed up what a lot of the Bostonians must have been thinking. Listen.


DAVID ORTIZ, RED SOX: We want to thank you, Mayor Menino, Governor Patrick, the whole police department for the great job they did this past week.


ORTIZ: This is our (EXPLETIVE DELETED) city. And nobody is going to dictate our freedom. Stay strong! Thank you.


LEMON: As if that didn't get the fans going, Neil Diamond took to the field in the middle of the eighth inning and belted out the traditional Red Sox anthem, Sweet Caroline.


NEIL DIAMOND, SINGER (singing Sweet Caroline)


LEMON: By the way, there was a ball game. The Red Sox beat the Kansas City Royals 4-3.