The federal appellate court overturned the death sentence for Boston Marathon bomber Dzhochar Tsarnayev, arguing that the trial judge did not properly examine jurors for possible bias arising from pre-trial publicity.
“The key promise of our criminal and justice system is that even the worst of us deserve to be fairly punished and legally punished,” said a U.S. Massachusetts lawyer at the time, under pressure from the trial, – the panel of judges wrote.
They added: “In order to make this promise a reality, the long decisions in our books say that a judge hearing a case involving pre-trial publicity must determine the“ nature and extent ”of each future juror’s presentation to the“ case or parties ”. if requested by a lawyer, see Patriarch v. United States, 402 F.2d 314, 318 (First Circus 1968) – only then can a judge reliably assess whether a potential juror can disregard this publicity as required by law, but despite diligent efforts, the judge did not comply with the Patriarch and its standards set by the heirs. “
Tsarnayev was convicted and sentenced to death in 2015. For 2013 April 15 Assault on the marathon finish line along with his older brother Tamerlan Tsarnayev, who died in a shootout with police after the maneuver.
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The attack during the marathon killed three people and injured more than 260 people. Tsarnayev’s lawyers tried to abolish his death penalty. They said it was impossible to find honest jurors in Boston because the explosions traumatized the region.
The appellate court upheld many of the charges that Tsanayev found guilty, but because of those conditions of the death penalty, the court imposed a new phase of sentencing. So Tsarnayev may be sentenced to death again, but the government must first decide whether it wants to carry out the death penalty.
The Department of Justice now has the option to ask the entire Boston en banc appellate court to review the appeal, or the DOJ may ask the Supreme Court to review the case.
The three judges who made the decision were Juan Torruella, the partially disagreeing Reagan appointor – Rogeriee Thompson, the draftsman Obama’s appointee – and William Kayatta, who is also Obama’s appointee.
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Fox News has contacted a U.S. law firm and said it is reviewing the opinion and will have more to say in the coming weeks.
Fox News Bill Mears, Andrew Fone and The Associated Press contributed to this report.