Boston bomber death sentence overturned

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vermontsavant
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31 Jul 2020, 3:44 pm

Boston,Massachusetts july 31 2020

A federal appeals court today overturned the death sentence of Dzhokhar Tsarnaev,a three judge panel of the 1st US circuit Court of appeals ordered a new penalty phase,finding the trial judge didn't vet jurors for biases.

The judges said; Make no mistake Dzhokhar will spend all his days in prison,the only question is will be executed or his crimes,the ruling only applies to the sentence,the guilty verdict is not in question.

April 15th 2013,the attack killed 3 and injured 260 more,Tsarnaev's lawyers acknowledged him and his brother set off the bombs.Tamerlan Tsarnaev died in a gun battle with police a few days after the bombing.

Dzhokhar is and will spend his days for the rest of his life at the federal super-max prison in Florance,CO,the toughest in the federal system,all inmates are in cell's 23 hours a day and have no contact with other inmates at any time.

Dzhokhar can still get a death sentence,only a new penalty phase has been ordered and I hope they move it out of Boston so his lawyers can't argue bias again.

The Boston Globe


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ASPartOfMe
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31 Jul 2020, 3:45 pm

Politico

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A federal appeals court Friday threw out Dzhokhar Tsarnaev’s death sentence in the 2013 Boston Marathon bombing, saying the judge who oversaw the case did not adequately screen jurors for potential biases.

A three-judge panel of the 1st U.S. Circuit Court of Appeals ordered a new penalty-phase trial on whether the 27-year-old Tsarnaev should be executed for the attack that killed three people and wounded more than 260 others.

But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution,” the judges said, more than six month after arguments were heard in the case.
Tsarnaev's lawyers acknowledged at the beginning of his trial that he and his older brother, Tamerlan Tsarnaev, set off the two bombs at the marathon finish line. But they argued that Dzhokar Tsarnaev is less culpable than his brother, who they said was the mastermind behind the attack.

Tamerlan Tsarnaev died in a gunbattle with police a few days after the April 15, 2013, bombing. Dzhokar Tsarnaev is now behind bars at a high-security supermax prison in Florence, Colorado.

Tsarnaev’s attorneys identified a slew of issues with his trial, but said in a brief filed with the court that the “first fundamental error” was the judge’s refusal to move the case out of Boston. They also pointed to social media posts from two jurors suggesting they harbored strong opinions even before the 2015 trial started.

The appeals judges, in a hearing on the case in early December, devoted a significant number of questions to the juror bias argument.

They asked 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 judges noted that the Boston court has a longstanding rule obligating such an inquiry.

Tsarnaev’s lawyers say one of the jurors — who would go one to become the jury’s foreperson, or chief spokesperson — published two dozen tweets in the wake of the bombings. One post after Tsarnaev’s capture called him a “piece of garbage.”

Tsarnaev was convicted on 30 charges, including conspiracy and use of a weapon of mass destruction. An email was sent to his lawyer seeking comment.

A spokesperson for the U.S. Attorney’s office in Boston said they are currently reviewing the opinion and declined further comment at this time.


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31 Jul 2020, 4:48 pm

Quote:
... But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution, the judges said
That's all I need to know

:twisted:



vermontsavant
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31 Jul 2020, 10:28 pm

If they just had had the common sense not to have held the trial in Boston,then this never would have happened.

I hope they hold the next penalty phase in Albany,so Dzhokhar's lawyers have nothing to appeal.


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vermontsavant
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01 Aug 2020, 4:17 am

Thank you Aspartofme for having threads merged.


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ASPartOfMe
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01 Aug 2020, 4:51 am

vermontsavant wrote:
Thank you Aspartofme for having threads merged.

You are welcome.


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vermontsavant
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01 Aug 2020, 7:06 am

ASPartOfMe wrote:
vermontsavant wrote:
Thank you Aspartofme for having threads merged.

You are welcome.
I had never realized there were two threads,from the times we post virtually at the same time.


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vermontsavant
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01 Aug 2020, 10:44 am

The Governor and Mayor have weighed in.
Democratic Mayor Marty Walsh has said he respects the justice system and is ok with life without parole.

Governor Charlie Baker (republican) hopes for maximum justice and hopes for a second death sentence.

Remarks can be found in Boston Globe


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TwisterUprocker
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02 Aug 2020, 12:52 am

This is important because the federal death penalty is finally back in practice. Daniel Lewis Lee, Wesley Ira Purkey, and Dustin Lee Honken all died mid-July and Lezmond Mitchell and Keith Nelson will die late August.



vermontsavant
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02 Aug 2020, 5:23 am

TwisterUprocker wrote:
This is important because the federal death penalty is finally back in practice. Daniel Lewis Lee, Wesley Ira Purkey, and Dustin Lee Honken all died mid-July and Lezmond Mitchell and Keith Nelson will die late August.
Yes for sure,I do expect the new penalty phase will be some time off and arguments as to if it should be held outside Boston.


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vermontsavant
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04 Aug 2020, 10:39 am

So the Boston Globe says the appeals judges saw no problem with the trial in Boston,it was improper vetting of the jurors.

I don't get the law sometimes


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AardvarkGoodSwimmer
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05 Aug 2020, 9:28 am

I’m against the death penalty in large because it makes the whole situation higher stakes in which the prosecutors are even more motivated to “win.”

Clarence Brandley was convicted of a 1980 murder in Texas. About ten years later, he was released, basically due to actual innocence. And yes, there was prosecutorial misconduct.

Michael Morton was convicted of the murder of his wife in 1986. He served twenty-five years in prison before being released. Again, prosecutorial misconduct. And because the police fixated and focused on the husband who was the wrong guy, this also meant the right guy went free. And this unrelated criminal went to kill again. A real tragedy all the way around.

Cameron Todd Willingham was convicted of the deaths of his three young daughters in a fire in 1991. An arson “expert” testified that the floor under the couch and elsewhere showed clear evidence of accelerants. This “science” of arson investigation was really more lore and legend. But this so-called expert was very convincing to the jury, which is why the prosecutors liked him.

Willingham was executed on Feb. 17, 2004, which means my state of Texas probably executed an innocent man.



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06 Aug 2020, 2:18 am

Tsarnaev should spend every waking moment of his life reflecting on his deed, killing innocent people for the sake of some deranged philosophy.

BTW watch his parents in interview and you will know where he and his brother got their brainwashing from, the mother and father are free to walk around and spout fanatic nonsense.