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Lawyers for Boston Marathon Bomber Argue He Shouldn’t Have Been Tried in Boston

Lawyers for Boston Marathon Bomber Argue He Shouldn’t Have Been Tried in Boston

“Forcing this case to trial in a venue still suffering from the bombings was the District Court’s first fundamental error”

Lawyers for Boston Marathon bomber Dzhokhar Tsarnaev are appealing and trying to reverse his death sentence. They claim that he shouldn’t have been tried in Boston because the crime was too traumatic for everyone in the city to be objective.

Laurel J. Sweet reports at the Boston Herald:

Lawyers: Tsarnaev ‘should not have been tried in Boston’

Boston Marathon bomber Dzhokhar Tsarnaev’s appellate team presented their oft-delayed opening argument Thursday, urging sparing him a federal execution and allowing him to be retried for the 2013 Patriots Day terror attack that killed an 8-year-old boy and two women.

Their premise is summed up in the opening line: “This case should not have been tried in Boston.

“Forcing this case to trial in a venue still suffering from the bombings was the District Court’s first fundamental error, and it deprived Tsarnaev of an impartial jury and a reliable verdict, in violation of the Fifth, Sixth, and Eighth Amendments,” the brief states.

The partially redacted document filed in the U.S. Court of Appeals for the First Circuit spans 1,124 pages, nearly half of which is the 500-page opening brief alone.

Absent a new trial, Tsarnaev’s team is asking the Appeals Court to reverse his death sentence and order a punishment of life imprisonment.

Tsarnaev, 25, has been in solitary confinement at the federal Supermax prison in Florence, Colo., since his 2015 conviction.

Tsarnaev’s trial attorneys made repeated bids for a change of venue.

Tsarnaev will get no sympathy from Massachusetts residents, who still remember the horror of the bombing five years later. The term “Boston Strong” still carries powerful and common meaning in the Bay State.

Dan Glaun of Mass Live has more on the arguments being made by Tsarnaev’s legal team:

Dzhokhar Tsarnaev’s older brother lured him into life of terrorism, lawyers for convicted Boston Marathon bomber say in appeal

Attorneys for convicted Boston Marathon bomber Dzhokhar Tsarnaev say in his appeal that Tamerlan Tsarnaev was responsible for his little brother’s turn toward terrorism.

They argue that the federal judge in Dzhokhar’s trial wrongly prohibited them from introducing evidence about Tamerlan’s alleged role in a 2011 Waltham triple homicide.

“The appropriate sentence in this case turned, in large part, on a single question: Why did Tsarnaev commit these terrible crimes? He was a 19-year-old college sophomore, beloved by his teachers and friends, described as ‘kind,’ ‘hardworking,’ ‘humble,’ and ‘respectful’—captain of his high-school wrestling team and volunteer ‘Best Buddy’ to special-needs children. What turned him down this misbegotten path?” Tsarnaev’s attorneys wrote in the appeal.

The answer, they argue, was his brother Tamerlan, who was killed after being shot during a gun battle with law enforcement and then run over by an SUV driven by a fleeing Dzhokhar, according to federal prosecutors.

The jury on Twitter isn’t buying it. Here are some thoughts via Twitchy:

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Comments

So in what jurisdiction, exactly, would Mr. Tsarnaev and his lawyers expect to have a jury of people who would NOT be outraged at someone exploding a pressure-cooker filled with shrapnel in the midst of their fellow Americans?

I rather shudder at the proposed answers to that question.

    Sidebar!

    John Walker Lindh aka Abu Sulayman al-Irlandi: projected release date of May 23, 2019.

    “So in what jurisdiction, exactly, would Mr. Tsarnaev and his lawyers expect to have a jury of people who would NOT be outraged at someone exploding a pressure-cooker filled with shrapnel in the midst of their fellow Americans?”

    San Francisco?

      C. Lashown in reply to Ironman. | December 28, 2018 at 7:54 pm

      He could hide the bomb under a big pile of poo, or in one of those tents that line the sidewalks…clean the place up a little.

    LeftWingLock in reply to stevewhitemd. | December 28, 2018 at 6:00 pm

    There are a number of jurisdictions that would have been acceptable. Tehran, any court in Syria, Cuba, etc. etc. etc.

I understand the lawyers are just doing their jobs but it sounds weak. They’re saying that in a city of more than a half million people, NO ONE was able to be objective and, anyway, it’s all the dead guy’s fault.

If that fails, they’ll resort to “the stars were misaligned.”

This zero is still around?

Justice delayed is justice denied.

So get on with it, already.

So, let me see if I’m following the defense arguments correctly.

First they are claiming that Tsarnaev was only convicted of committing this crime because the trial was held in Boston. Then the defense specifically acknowledges that he committed the crime, but only because he was seduced into committing it by his older brother. The second defense is the classic incompetent boob defense. The first defense is totally undermined by the introduction of the second defense, that Tsarnaev was simply an incompetent boob, WHEN he committed the offense.

Good luck with that appeal.

I say his death sentence is settled law. And I say the hell with him.

Try him again where I live. He would still get
The death penalty.

From the 6th amendment: “the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”

Unfortunately this guy will never get the death penalty.
Send him out to the supermax and try to forget about him.

It’s a shame the Boston PD didn’t just shoot the SOB.

We need the death penalty so politicians like Obama and BJ Clinton won’t be able to pardon climinals like this guy for political gain.

Be careful what you wish for. I suspect death is more pleasant than life in the supermax….

    MarkS in reply to Rduke008. | December 28, 2018 at 7:18 pm

    If so then why is almost every death penalty case appealed right up to the time of execution and never has someone sentenced to life appealed for the death penalty instead?

      Rduke008 in reply to MarkS. | December 28, 2018 at 11:09 pm

      While I agree with the generality, I’m sure there have been notable exceptions… Gary Gilmore, Tim McVeigh…

      They list the volunteers at the DPIC website

Move it to Texas! America isn’t Don’tgiveashitastan.

DieJustAsHappy | December 28, 2018 at 6:25 pm

Was there an original request for change of venue?

Really? They should have tried him, sentenced him, denied his appeals and hung him the same day.

He killed and maimed people. Why isn’t he dead already?

Requesting a change of venue for a trial because of prejudicial local attitudes is a legal tactic that has been used time and again over the years. OJ’s murder trial is one example. To the best of my knowledge, requesting a change of venue is done BEFORE the trial,not YEARS AFTER the trial.

The defense had the opportunity before the trial to request a change of venue, and did not do so.

His attorneys should win the chutzpah of the year award.

Perhaps he should have been tried at Gitmo.

regulus arcturus | December 28, 2018 at 8:22 pm

Motion denied.

Now, had he been an employee of Debbie Sargent Schultz or Bob “anthrax” Mueller, then he would have options here.

Never forget this murderer and maimer was Rolling Stone Magazine’s hero:

https://www.rferl.org/a/tsarnaev-rolling-stone-cover/25049374.html

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