Boston Marathon suicide bomber Dzhokhar Tsarnaev appeals death sentence again

Boston Marathon bomber Dzhokhar Tsarnaev is trying again to avoid execution after his death sentence was reinstated by the Supreme Court last month.

Tsarnaev’s attorneys, in a filing Thursday, asked the U.S. Circuit Court of Appeals to consider four constitutional claims not supported by the High Court.

His lawyers claimed the trial court had “unduly forced” Tsarnaev to stand trial in Boston; allowed his “forced confession” to be admitted into evidence; denied challenges to two jurors accused of lying during questioning; and fired a potential juror because he opposed the death penalty.

The appeal was made in response to a filing Wednesday by the appeals court to comply with the Supreme Court’s ruling that Tsarnaev’s execution sentence should be reinstated.

“Because these four direct appeal applications have not yet been judged by any appellate court, Tsarnaev respectfully submits that the April 6 judgment was rendered in error and should be overturned,” the filing reads.

Prosecutors agreed that the four defense requests had not been resolved, but said in their response “The government believes that the defendant’s death sentences should be upheld.”

Dzhokhar Tsarnaev was sentenced to death after planting pressure cooker bombs and killing three people during the Boston Marathon in 2013.
AP Photo/Elise Amendola, File

The Supreme Court ruled in a 6-3 vote on March 4 to reinstate Tsarnaev’s death sentence after a federal appeals court overturned the sentence in July 2020, ruling that a trial judge had improperly withheld evidence that could have shown that Tsarnaev had been radicalized by his deceased older brother, Tamerlan Tsarnaev – who was killed in a shootout with cops days after the bombing.

The United States Circuit Court of Appeals in Boston also cited possible juror bias regarding exposure to media coverage when it overturned Tsarnaev’s death sentence.

The Biden administration has argued the appeals court was wrong to overturn a jury’s death sentence for Tsarnaev’s role in planting two pressure cooker bombs that detonated near the finish line marathon in 2013. Three people were killed and more than 260 were injured. .

The Supreme Court building
The Supreme Court had previously voted to restore Dzhokhar Tsarnaev’s death sentence.
AP Photo/Patrick Semansky, File

“Dzhokhar Tsarnaev has committed heinous crimes,” wrote Judge Clarence Thomas for the majority, made up of six conservative members of the court. “The Sixth Amendment nonetheless guaranteed him a fair trial by an impartial jury. He received one.

Tsarnaev, 28, is currently being held in a maximum security federal prison in Florence, Colorado.

With post wires

New York Post

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