Tag Archives: pressure cooker bombs

U.S. Supreme Court to weigh reinstating Boston marathon bomber’s death sentence

By Nate Raymond

(Reuters) – The U.S. Supreme Court on Monday agreed to consider the U.S. Justice Department’s bid to reinstate Boston Marathon bomber Dzhokhar Tsarnaev’s death sentence for helping carry out the 2013 attack that killed three people and wounded more than 260 others.

The department’s appeal, filed before former President Donald Trump left office in January, challenged a lower court’s decision ordering a new trial over the sentence Tsarnaev should receive for the death penalty-eligible crimes for which he was convicted.

President Joe Biden’s administration has given no indication it plans to reverse the Trump administration’s approach to the case, as it has done in several other cases pending at the court.

The 27-year-old Tsarnaev and his older brother, Tamerlan, precipitated five days of panic in Boston when they detonated two homemade pressure cooker bombs at the marathon’s finish line on April 15, 2013, and then tried to flee the city. In the days that followed, they also killed a police officer. Tsarnaev’s brother died after a gunfight with police.

Jurors in 2015 found Tsarnaev guilty of all 30 counts he faced and later determined he deserved execution for a bomb he planted that killed Martin Richard, 8, and Chinese exchange student Lingzi Lu, 23. Restaurant manager Krystle Campbell, 29, was also killed.

The Boston-based 1st U.S. Circuit Court of Appeals ruled that the trial judge “fell short” in screening jurors for potential bias following pervasive news coverage of the bombings.

The Justice Department appealed that ruling, which ordered a new trial over the sentence to be given for the death penalty-eligible charges. The department argued that the appeals court adopted a standard that wrongly denied trial judges the “broad discretion” to manage juries provided for by Supreme Court precedents.

Prosecutors said that if the ruling stands, it would have to retry the death penalty phase of the case and “victims will have to once again take the stand to describe the horrors that respondent inflicted on them.”

The justices will hear oral arguments and issue a ruling in the court’s next term, which starts in October and ends in June 2022.

(Reporting by Nate Raymond in Boston; Additional reporting by Lawrence Hurley; Editing by Will Dunham)

Boston Marathon bomber seeks to avoid death penalty

Boston Marathon bomber seeks to avoid death penalty
By Tim McLaughlin

BOSTON (Reuters) – Lawyers for Boston Marathon bomber Dzhokhar Tsarnaev on Thursday will try to persuade a federal appeals court that the death sentence he faces is unfair because it was handed down by a tainted jury.

Tsarnaev’s defense team, in briefs filed with the 1st U.S. Circuit Court of Appeals in Boston, have argued that the publicity and manhunt leading to his capture in April 2013 biased the pool of potential jurors, including one actual juror who joined the unanimous vote for the death penalty.

The then-19-year-old Tsarnaev and his 26-year-old brother Tamerlan sparked five days of panic in Boston when they detonated a pair of homemade pressure cooker bombs at the marathon’s finish line, killing three people and injuring more than 200.

The pair eluded capture for days, punctuated by a gunbattle with police in Watertown, Massachusetts, in which Tamerlan was killed. Boston and most of its suburbs were locked down for a day as armed officers and troops conducted a house-to-house search for Dzhokhar.

Tsarnaev, now 26, was sentenced to death in 2015 after a jury found him guilty of killing three people in the April 15, 2013 bombing – Martin Richard, 8; Chinese exchange student Lingzi Lu, 26, and restaurant manager Krystle Campbell – and murdering Massachusetts Institute of Technology police officer Sean Collier, 26, three days later as the brothers attempted to flee.

Tsarnaev is not expected to be present during two hours of oral arguments at the same federal courthouse in Boston where he was convicted. His lawyers are asking the appeals court to reverse his death sentence.

“Tsarnaev was tried in a community still suffering from his crimes,” his defense team argued in court papers. “Two of the jurors who voted to sentence him to death lied during (jury selection), including the foreperson, who falsely denied calling Tsarnaev a ‘piece of garbage’ on Twitter, and, as the government concedes, failed to disclose that she and her family had sheltered in place in their Dorchester home during the manhunt.”

U.S. Justice Department lawyers say Tsarnaev received a fair trial and the jury was picked from a population mostly opposed to the death penalty. During his trial, a poll by the Boston Globe showed that about two-thirds of Massachusetts residents favored a life sentence for Tsarnaev.

During the trial, the family of the youngest victim, Richard, also asked prosecutors to consider taking the death penalty off the table.

(Reporting By Tim McLaughlin; Editing by Scott Malone and Grant McCool)

Boston’s trauma to be dissected as marathon bomber appeals death sentence

By Tim McLaughlin

BOSTON (Reuters) – This city’s deepest wound – the 2013 Boston Marathon bombings that killed three and injured hundreds more – will be re-examined Thursday when lawyers for bomber Dzhokhar Tsarnaev seek to have his death sentence lifted because the jury pool was too traumatized to render a fair verdict.

The then-19-year old Tsarnaev and his 26-year-old brother Tamerlan sparked five days of panic in Boston that began April 15, 2013, when they detonated a pair of homemade pressure cooker bombs at the race’s packed finish line. The pair eluded capture for days, punctuated by a gunbattle with police in Watertown that killed Tamerlan and led to a daylong lockdown of Boston and most of its suburbs while heavily armed officers and troops conducted a house-to-house search for Dzhokhar.

Tsarnaev’s defense team, in briefs filed with the 1st U.S. Circuit Court of Appeals in Boston, argued that the unprecedented shelter-in-place order biased the pool of potential jurors, including one actual juror who joined the unanimous vote for the death penalty.

The manhunt for the younger Tsarnaev, now 26, left an indelible mark on the city. Armored vehicles and thousands of National Guard troops cast a dragnet across the Boston suburb of Watertown. Just before a resident found a wounded Tsarnaev hiding in a boat parked in his backyard, a broadcast of a Boston police scanner channel attracted nearly 265,000 listeners.

“Even if a juror honestly believes before trial that he or she can objectively hear the evidence, when a community has been aroused to a fever pitch, the prospective juror may come to fear returning to neighbors with anything other than a guilty verdict and a death sentence,” Tsarnaev’s defense team wrote in a legal brief.

U.S. Justice Department lawyers disagreed, saying Tsarnaev received a fair trial. The department has noted a survey conducted for Tsarnaev’s own lawyers found 96.5% of respondents in Washington, his preferred venue for the trial, had heard of the bombings.

But legal experts say arguing that some jurors were tainted with bias may offer the defense team its best bet in winning relief from the court. The defense and prosecution each will get an hour to argue their side before an appellate panel of judges.

“Of course, (the defense) will throw in the kitchen sink, the bedroom furniture and everything else in hoping something sticks,” said Robert Bloom, a professor at Boston College Law School. “That is what you do in these cases.”

The defense team says the trial should not have been held in Boston, that some jurors made false statements before their selection, and that the jury should have heard that Tamerlan had been a suspect in a 2011 triple homicide.

A friend of Tamerlan admitted to the FBI having committed the murders with him, according to recently unsealed court documents. The jury did not hear about those murders during the trial.

The younger Tsarnaev was sentenced to death in 2015 after a jury found him guilty of killing three people: Martin Richard, 8; Chinese exchange student Lingzi Lu, 26, and restaurant manager Krystle Campbell, in the bombing; as well as murdering Massachusetts Institute of Technology police officer Sean Collier, 26, three days later as the brothers attempted to flee the city.

Before the bombings, the younger Tsarnaev had no record of serious criminal offense. But Tamerlan was aggressive, domineering and likely homicidal before driving his younger brother to join him in carrying out the bombings, according to the defense team’s line of reasoning in court papers.

Tsarnaev’s defense team also says the jury’s foreperson falsely denied, during the selection process, calling Tsarnaev a “piece of garbage” on Twitter. That juror lived in Dorchester, the same neighborhood as the attack’s youngest victim, according to defense team legal briefs.

During the trial, Richard’s family asked U.S. prosecutors to consider taking the death penalty off the table. They said the death penalty could bring years of appeals and prolong reliving the most painful day of their lives, according to a letter published in the Boston Globe newspaper. A poll by the Globe also showed that about two-thirds of Massachusetts residents favored a life sentence for Tsarnaev.

(Reporting By Tim McLaughlin; Editing by Scott Malone and Jonathan Oatis)