Is this the photo that will kill him?

Prosecutors showed the never-before-seen image of the terrorist in court on Tuesday, during their opening statements, but it wasn't released to the public until Wednesday when it was entered into evidence.

Assistant U.S. Attorney Nadine Pellegrini said the striking image was Tsaranev's 'message to America' and evidence that he is unrepentant for the crime and therefore deserving of the death penalty.

Over the next several weeks,  jurors in the case will be hearing more testimonies from victims and family members impacted by the attack that killed three and injured more than 250 as they decide whether to sentence 21-year-old Tsarnaev to life in prison or the death penalty.

The release of the image on Wednesday was certainly a battle lost for defense attorneys who have been trying to paint Tsarnaev as a secondary player in the attacks, which they say were masterminded by his extremist older brother Tamerlan.  

In the picture, Tsaranev wears an orange jumpsuit and puts on a cocky image, offensively flipping off a video camera and puckering his lips in his cell on the day of his arraignment.   

Clearly upset with the use of the picture, defense attorney Miriam Conrad fought to have the full clip of Tsarnaev's stay in a federal courthouse jail cell played for the court on Wednesday to show the full context the still was taken from.

The video was taken in July 2013, three months after Tsarnaev's arrest, when he was brought to Boston federal court for his first court appearance.

At the beginning of the video, Tsarnaev is seen being led into his jail cell shortly after 11am. Reporters who were in court to watch the clip said Tsarnaev appears complaint as officers take off his restraints and leave him alone in the cell.

When Tsarnaev notices the camera in the corner, he walks up to it and appears to use the reflective glass as a make-shift mirror, tidying his hair. 

A few minutes later he gets up on a bench to inspect the camera further, and this is when he is seen flipping off the camera. However, right before flashing the offensive sign, he puts up his fingers in a peace sign. He then quickly gestures the middle finger and goes back to sit down.

The clip ends with Tsarnaev going to the front of the cell to speak to someone in the hall, and then to the back where the toilet is.

Conrad also called US Marshal Gary Oliveira to the stand as a witness. He was the officer watching Tsarnaev on the surveillance feed that day and said he was later ordered to write a report about the incident by his superiors.

He says he usually writes incident reports on the day they happen, but wrote the report about Tsarnaev flipping off the camera two days later after receiving the direct command.

(dailymail.co.uk)