Supreme Court will today hear arguments to reinstate the death penalty for Boston Marathon bomber
By SEAMLESS DAILY
14 October 2021
the us supreme court on wednesday to reinstate the death penalty for boston marathon bomber dzhokhar tsarnaev for his role in the 2013 attack that killed three people.
despite president joe biden's goal to eliminate capital punishment at the federal level, his administration did not stop the appeal- initially launched by the justice department under former president donald trump.
No federal inmates had been executed for 17 years before Trump oversaw 13 executions in the last six months of his term.
One of the issues before the nine justices Wednesday is whether the global media attention on the bombing influenced jurors- a question the lower court found that U.S. District Judge George O'Toole, who presided over the trial, did not sufficiently address during the jury selection process.
The justices also will consider whether O'Toole improperly excluded evidence relating to a triple murder in 2011 linked to Tsarnaev's older brother.
Lawyers for Tsarnaev, who is 28 now and was 19 at the time of the attack, have argued that he played a secondary role in the bombing.
Dzhokhar's lawyer Ginger Anders focused her argument on Wednesday on whether that evidence being excluded improperly, as it showed Tamerlan was the authority figure with 'violent Islamic extremist beliefs.
In overturning Tsarnaev's death sentence but not his convictions, the Boston-based 1st U.S.
he would remain in prison for the rest of his life.
The government is challenging the decision, but the Supreme Court will decide in a ruling due at the end of June what Dzhokhar's sentencing will be.
Tsarnaev was convicted of joining his older brother Tamerlan in planting two homemade pressure-cooker bombs near the marathon finish line of the Boston Marathon.
Tamerlan Tsarnaev died after a gunfight with police.
Jurors convicted Dzhokhar Tsarnaev on all 30 counts he faced and determined he deserved execution for a bomb he planted that killed Martin Richard, eight, and Chinese exchange student Lingzi Lu, 23.
Restaurant manager Krystle Campbell, 29, was killed by the second bomb.
This year's Boston Marathon took place on Monday.
Eric Feigin, a Justice Department attorney, reminded the justices : 'After watching video of respondent ( Dzhokhar ) by himself personally placing a shrapnel bomb behind a group of children at the Boston Marathon, the jury in this case returned a nuanced verdict unanimously recommending capital punishment for that specific deliberate act. '
The bombing killed three and injured 260 others.
The lower court also said that Dzhokhar's attorneys should have been allowed to bring up a 2011 triple killing in Waltham, Massachusetts, that was suspected to have been committed by his brother, Tamerlan.
Alito called the evidence 'inadmissible many times over in a regular trial. '
President Joe Biden also has called for an end to the federal death penalty.
The bomber, Dzhokhar Tsarnaev, now 28, has been sentenced to death, but appealed on arguments he didn't get a fair trial.
She told The Independent that a death sentence wouldn't bring her closure —t hat ’ s not possible for her after such a tragedy — but she hopes it would have a deterrent effect on future crimes.
Whether he comes up in the news every single day or not, I watch my sons put their legs on. ” In July of 2020, an appeals court left most of Tsarnaev's convictions in place, but threw out his death sentence and ordered a new round of sentencing with a new jury.
The 1st US Circuit Court of Appeals in Boston ruled last year that the trial judge improperly excluded evidence that could have shown Tsarnaev was deeply influenced by his older brother, Tamerlan, and was somehow less responsible for the carnage.
The appeals court also faulted the judge for not sufficiently questioning jurors about their exposure to extensive news coverage of the bombing.
The high court's three liberal justices appeared more favorable to Tsarnaev.
Barrett wondered about the 'government's end game,' noting that if the administration wins the case, Tsarnaev would be 'living under a death sentence the government doesn't intend to carry out. '
Justice Amy Coney Barrett was the only member of the court to raise the administration's pursuit of a capital sentence for Tsarnaev even as it has halted federal executions.
When jurors weighed that evidence and sentenced Tsarnaev to death, 'the appeals court should have let that verdict stand,' Feigin said.
Kagan argued that jurors should have been able to decide whether the evidence was reliable.
'We don't know what happened.
Roberts said it should be easier to admit evidence during a proceeding that would determine whether someone is sentenced to death than for other reasons.
After Wednesday's arguments, the Supreme Court should make a decision by June 2022.
Stay up to date with our posts
Seamless Daily is an innovative news platform that is updated 24/7 to help you keep up to date with all the current events around the globe.
Our team of professional editors as well as our state-of-the-art artificial intelligence platforms ensure that our curation is accurate, fact-checked, and trustworthy.