BOSTON MARATHON BOMBING: Massachusetts vs. Dzhokhar Tsarnaev - Death sentence OVERTURNED!

SheWhoMustNotBeNamed

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BREAKING: Federal court OVERTURNS Boston Marathon bomber’s death sentence

On Friday, a federal appeals court in Massachusetts overturned the death sentence of Dzhokhar Tsarnaev, the man convicted of killing three people and injuring more than 260 others in the 2013 Boston Marathon bombing.

In a 224-page opinion, the three-judge panel of the 1st U.S. Circuit Court of Appeals ordered the lower court to hold a new trial specifically regarding what sentences Tsarnaev, 27, should receive for the capital offenses he was convicted of in 2015.

According to the Associated Press, Tsarnaev’s lawyers argued that extensive media coverage regarding the bombing made it impossible to have a fair trial in Boston. They also referenced two jurors’ social media posts which suggested they had strong opinions about the 2013 terror attack.

Tsarnaev’s lawyers said the jury’s foreperson sent a dozen tweets after the bombing — including one in which he called Tsarnaev a “piece of garbage” following his capture.


Dzhokhar Tsarnaev was convicted of all 30 counts against him, including murder, and was sentenced to death. He remains incarcerated at a super-maximum security prison in Colorado.

U.S. Circuit Judge O. Rogeriee Thompson wrote that the judge who presided over Dzhokhar Tsarnaev’s 2015 trial “did not meet the standard” of fairness.

Thompson’s opinion reads, “Just to be crystal clear…Dzhokhar will remain confined to prison for the rest of his life, with the only question remaining being whether the government will end his life by executing him.”
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SheWhoMustNotBeNamed

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A federal appeals court ruled on Friday to vacate the death sentence of Dzhokhar Tsarnaev, who along with his brother planted homemade bombs near the finish of the 2013 Boston Marathon, killing three spectators and injuring hundreds.

The court also ruled to set aside three of his 30 convictions but said he will remain in federal prison for the rest of his life.

The court ruled Tsarnaev should be given a new penalty phase trial, where a new set of jurors can again decide if he should be sentenced to death. Tsarnaev, now 27, will remain incarcerated and is being held at the nation's most secure federal prison in Florence, Colorado.

Throughout the trial of Dzhokhar Tsarnaev, lawyers for the Boston Marathon bomber stood firm behind their argument that he could never get a fair trial in the same city he was accused of terrorizing.

But the location of the trial in the federal courthouse in South Boston was not the problem, an appeals court ruled Friday; it was the failure of the trial judge to weed out potentially biased jurors in such a high-profile case.

“Despite a diligent effort, the judge here did not meet the standards set by [case law],” the three-member panel of the US Court of Appeals in Boston ruled Friday, in overturning the first death sentence handed out for terrorism by a jury in the United States in the post 9/11 world.

Because Tsarnaev faced federal capital charges, the same jury that convicted him for his role in the bombing was allowed to decide his fate, though in a separate trial with a new slate of witnesses. The appeals court decision upholds the conviction of Tsarnaev, who admitted to his crimes. But it means prosecutors will have to decide whether to seek his death at a new sentencing trial, with a new jury, or let Tsarnaev, now 27, serve the rest of his life in prison.
 

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