Current:Home > FinanceAppeals court orders judge to probe claims of juror bias in Boston Marathon bomber’s case -Secure Growth Solutions
Appeals court orders judge to probe claims of juror bias in Boston Marathon bomber’s case
View
Date:2025-04-14 11:43:34
BOSTON (AP) — A federal appeals court on Thursday ordered Boston Marathon bomber Dzhokhar Tsarnaev’s case to be returned to a lower court to probe claims of juror bias and determine whether his death sentence should stand.
The ruling from the Boston-based 1st U.S. Circuit Court of Appeals keeps intact Tsarnaev’s death sentence for now. But the judges found that further investigation is needed to determine whether two jurors should have been stricken for biases.
If the lower court’s investigation reveals either person should have been disqualified, the court should vacate Tsarnaev’s death sentence and hold a new penalty-phase trial to determine whether he should sentenced to death, the judges said.
“And even then, we once again emphasize that the only question in any such proceeding will be whether Tsarnaev will face execution; regardless of the outcome, he will spend the rest of his life in prison,” the court said.
The U.S. attorneys office in Massachusetts and lawyers for Tsarnaev didn’t immediately respond to emails seeking comment on the decision.
The Boston-based appeals court issued its ruling more than two years after the U.S. Supreme Court reinstated the sentence imposed on 30-year-old Tsarnaev for his role in the bombing that killed three people and injured hundreds near the marathon’s finish line in 2013.
The 1st Circuit took another look at the case after Tsarnaev’s lawyers urged it to examine issues the Supreme Court didn’t consider. Among them was whether the trial judge wrongly forced the trial to be held in Boston and wrongly denied defense challenges to seating two jurors they say lied during questioning.
The appeals court first overturned Tsarnaev’s death sentence in 2020 and ordered a new penalty-phase trial to decide whether he should be executed. The court found then that the trial judge did not sufficiently question jurors about their exposure to extensive news coverage of the bombing. The Supreme Court justices voted 6-3 in 2022 when they ruled that the 1st Circuit’s decision was wrong.
Despite a moratorium on federal executions imposed by Attorney General Merrick Garland, the Justice Department has continued to push to uphold the death sentence in Tsarnaev’s case. The moratorium came after former President Donald Trump administration’s put to death 13 inmates in its final six months.
Oral arguments before the three-judge 1st Circuit panel more than a year ago focused on two jurors Tsarnaev’s lawyers say were dishonest during the lengthy jury selection process.
One of them said she had not commented about the case online, while Tsarnaev’s attorneys say she had retweeted a post calling Tsarnaev a “piece of garbage.” Another juror said none of his Facebook friends had commented on the trial, even though one had urged him to “play the part” so he could get on the jury and send Tsarnaev to “jail where he will be taken of,” defense attorneys say. Tsarnaev’s lawyers raised those concerns during jury selection, but say the judge chose not to look into them further.
William Glaser, a Justice Department lawyer, acknowledged during oral arguments before the 1st Circuit appeals court that the jurors made inaccurate statements, but said other disclosures suggested they misremembered rather than lied. He argued that the trial judge did nothing wrong.
Tsarnaev’s guilt in the deaths of Lingzi Lu, a 23-year-old Boston University graduate student from China; Krystle Campbell, a 29-year-old restaurant manager from Medford, Massachusetts; and 8-year-old Martin Richard, of Boston, was not at issue in the appeal, only whether he should be put to death or imprisoned for life.
Defense lawyers argued that Tsarnaev had fallen under the influence of his older brother, Tamerlan, who died in a gun battle with police a few days after the April 15, 2013, bombing.
Tsarnaev was convicted of all 30 charges against him, including conspiracy and use of a weapon of mass destruction and the killing of Massachusetts Institute of Technology Police Officer Sean Collier during the Tsarnaev brothers’ getaway attempt.
Prosecutors told jurors that the men carried out the attack to punish the United States for its wars in Muslim countries. In the boat where Tsarnaev was found hiding, he had scrawled a confession that referred to the wars and wrote, among other things, “Stop killing our innocent people and we will stop.”
veryGood! (8)
Related
- The 401(k) millionaires club keeps growing. We'll tell you how to join.
- Pat Tillman's Mom Slams ESPYs for Honoring Divisive Prince Harry in Her Son's Name
- BET says ‘audio malfunction’ caused heavy censorship of Usher’s speech at the 2024 BET Awards
- Over 100 stranded Dolphins in Cape Cod are now free, rescue teams say − for now
- Google unveils a quantum chip. Could it help unlock the universe's deepest secrets?
- Redbox owner Chicken Soup for the Soul files for Chapter 11 bankruptcy protection
- Simone Biles deserves this Paris Olympics spot, and the happiness that comes with it
- Off the Grid: Sally breaks down USA TODAY's daily crossword puzzle, Monkey in the Middle
- Drones warned New York City residents about storm flooding. The Spanish translation was no bueno
- Pride parades in photos: See how Pride Month 2024 is celebrated worldwide
Ranking
- 9/11 hearings at Guantanamo Bay in upheaval after surprise order by US defense chief
- Yes, pistachios are high in calories, but that doesn't mean they aren't good for you
- The Karen Read murder case ends in a mistrial. Prosecutors say they will try again
- Bill defining antisemitism in North Carolina signed by governor
- North Carolina trustees approve Bill Belichick’s deal ahead of introductory news conference
- U.S. Olympics gymnastics team set as Simone Biles secures third trip
- Family of 13-year-old killed in shooting by police in Utica, New York, demands accountability
- Attacker with crossbow killed outside Israel embassy in Serbia
Recommendation
North Carolina trustees approve Bill Belichick’s deal ahead of introductory news conference
Will Smith returns to music with uplifting BET Awards 2024 performance of 'You Can Make It'
Can you get the flu in the summer? Your guide to warm weather illnesses
Maryland hikes vehicle registration fees and tobacco taxes
'Most Whopper
'Now or never': Bruce Bochy's Texas Rangers in danger zone for World Series defense
Simone Biles and Suni Lee Share Why 2024 Paris Olympics Are a Redemption Tour
Illegal crossings at U.S.-Mexico border fall to 3-year low, the lowest level under Biden