Federal Appeals Court Overturns the Boston Bomber's Death Sentence

Court overturns Boston Marathon bomber's death sentence

The 1st US Circuit Court of Appeals in Boston has overturned the death sentence handed down to Dzhokhar Tsarnaev in 2015 for his part in the 2013 Boston Marathon bombing.

"And in any case, he won't be getting out and hasn't been able to harm anyone since he was captured", he tweeted.

A Boston jury convicted Tsarnaev on all 30 charges he faced in 2015, including conspiracy and use of a weapon of mass destruction. He has been serving his sentence in a high-security supermax prison in Colorado.

The ruling went on to say that "to be crystal clear", Mr. Tsarnaev is still subject to multiple life sentences and "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".

On the day of the sentencing, the same juror said on Twitter that Mr. Tsarnaev was "scum" and "trash" and that he belonged in a "dungeon where he will be forgotten about until his time comes".

Tsarnaev's lawyers have long argued that intense media coverage of the bombing had made it impossible to have a fair trial in Boston.

But the three-judge panel ruled that the trial judge had failed to empanel an impartial jury.

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"Performance fell short of promise, providing. a sufficient ground to vacate his death sentences", the appeals court said, in an opinion written by Appeals Court Judge O. Rogeriee Thompson. When media exposure is high, the judge must not only assess each jurors' exposure to the case or the parties - but also the "kind and degree" of exposure.

During the appeal hearing in December, the judges focused much of their questioning on juror bias, asking the lawyers why the two jurors had not been dismissed, or at least why the trial judge had not asked them follow-up questions after the posts came to light on the eve of the trial.

The decision cites two errors: the judge in Tsarnaev's convictions did not meet Patriarca standards and denied Tsarnaev's post-trial motion for judgments of acquittal. In a concurring opinion, Judge Juan Torruella wrote that the case should never have been tried in Boston.

"I see in Boston, where you have the animal that killed so many people during the Boston Marathon, they just sent his conviction for the death penalty back to the lower courts".

President Donald Trump weighed in on the ruling during an address to supporters on the tarmac of Tampa International Airport.

"I'm angry and I'm disgusted", she said.

Durkin Richer reported from West Harwich, Massachusetts.

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