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Thread: Dzhokhar Anzorovich Tsarnaev - Federal Death Row

  1. #301
    Senior Member CnCP Legend Mastro Titta's Avatar
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    DOJ Asks Supreme Court To Reinstate Death Penalty For Dzhokhar Tsarnaev

    BOSTON (CBS) – The Justice Department is urging the Supreme Court to reinstate the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev. President Joe Biden has called for an end to capital punishment, but in this case, his administration is arguing for it.

    A federal appeals court threw out Tsarnaev’s death sentence last year, citing potential jury bias. The Trump administration challenged that and the Supreme Court agreed to take up the case. Justices are expected to hear arguments in their next term in October.

    Earlier this year Tsarnaev recently filed a lawsuit over his treatment at the supermax prison in Colorado where he has been held since 2015.

    Tsarnaev was convicted on 30 charges, including conspiracy and use of a weapon of mass destruction.

    Killed in the 2013 bombings were Lingzi Lu, a 23-year-old Boston University graduate student from China; Krystle Campbell, a 29-year-old restaurant manager from Medford; and 8-year-old Martin Richard, who had gone to watch the marathon with his family. Massachusetts Institute of Technology police Officer Sean Collier was shot to death in his cruiser days later. More than 200 others were injured.

    https://boston.cbslocal.com/2021/06/...khar-tsarnaev/

  2. #302
    Moderator Bobsicles's Avatar
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    Tsarnaev wins some, loses some in lawsuit as his execution up to Supreme Court

    Dzhokhar Tsarnaev should not be allowed to dip into his growing canteen account — now $2,300 — while awaiting a decision on his execution, a federal judge has ruled.

    He also won’t get back his white baseball cap and bandana he bought “to ward off the summer heat” in his Colorado supermax prison, the court added.

    It’s the latest developments in the Boston Marathon bomber’s legal fight with his jailers.

    Tsarnaev is suing the federal government for $250,000 over what he says in a hand-written lawsuit is “disturbing” and “unprofessional” treatment inside the Federal Correctional Complex Florence — called the “Alcatraz of the Rockies.”

    Colorado federal Magistrate Judge Gordon Gallagher wrote in his decision that Tsarnaev was given leeway because he is representing himself, but some of his arguments “are deficient.”

    The judge added that while in prison, “not all deprivations of property are of constitutional magnitude.”

    Tsarnaev is not allowed to dip into his prison “trust fund” because some who donated to it are not allowed to under his special administrative measure — called a SAM. That account is $2,300, records state. It is not stated who has helped build it up.

    The judge also writes Tsarnaev can appeal to his jailers to possibly win back his hat and bandana.

    Tsarnaev is, however, allowed to proceed with five other counts in his seven-count, hand-written complaint. The judge advises another jurist can now address those concerns that include a ban on photos being sent in the mail from the prison and “hobby crafts” Tsarnaev works on while in the supermax.

    He is also complaining about not being allowed to talk on the telephone with “young nieces and nephews” — and he wants out of his ultra-strict H-unit cell.

    This all comes months after the Supreme Court announced the Trump administration’s appeal to reinstate the death sentence for Tsarnaev will be heard.

    The hearing is set for the fall.

    The U.S. Court of Appeals for the 1st Circuit threw out Tsarnaev’s death sentences last year, ruling the district court should have asked potential jurors what media coverage they had seen about Tsarnaev’s case and the court should not have excluded from the sentencing phase evidence that Tsarnaev’s older brother, who placed one of the bombs, was involved in a separate triple murder in Waltham in 2011.

    The Tsarnaev brothers killed Martin Richard, 8; Krystle Campbell, 29; and Lu Lingzi, 23, and maimed and injured more than 260 people with two bombs detonated on April 15, 2013, at the marathon finish line. MIT Police Officer Sean Collier, 27, was shot execution-style by the Tsarnaevs days later. Boston Sgt. Dennis “DJ” Simmonds died a year later from his wounds fighting the brothers.

    https://www.google.com/amp/s/www.bos...eme-court/amp/
    Thank you for the adventure - Axol

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  3. #303
    Moderator Bobsicles's Avatar
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    Supreme Court Sets October Hearing For Dzhokhar Tsarnaev's Death Penalty Case

    WASHINGTON (CBS) — The Supreme Court will hear Boston Marathon bomber Dzhokhar Tsarnaev’s death sentence case this fall. The high court shared its October schedule on Tuesday, and Tsarnaev’s hearing is set for Oct. 13.

    A federal appeals court threw out Tsarnaev’s death sentence last year, citing potential jury bias. The Trump administration challenged that and the Supreme Court agreed to take up the case.

    President Joe Biden has called for an end to capital punishment, but in this case, his administration is arguing for it.

    A decision from the court isn’t expected until 2022.

    Earlier this year, Tsarnaev filed a lawsuit over his treatment at the supermax prison in Colorado where he has been held since 2015.

    Tsarnaev was convicted on 30 charges, including conspiracy and use of a weapon of mass destruction.

    Killed in the 2013 bombings were Lingzi Lu, a 23-year-old Boston University graduate student from China; Krystle Campbell, a 29-year-old restaurant manager from Medford; and 8-year-old Martin Richard, who had gone to watch the marathon with his family. Massachusetts Institute of Technology police Officer Sean Collier was shot to death in his cruiser days later. More than 200 others were injured.

    https://www.google.com/amp/s/boston....rgument/%3famp
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  4. #304
    Moderator Bobsicles's Avatar
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    Boston Marathon bomber Dzhokhar Tsarnaev's death penalty case to be heard during new Supreme Court term

    By Sharman Sacchetti
    wcvb.com

    CAMBRIDGE, Mass. — The Supreme Court of the United States will consider whether or not to reinstate the death penalty for convicted Boston Marathon bomber Dzhokhar Tsarnaev during its new term, which started Monday.

    In June, Department of Justice attorneys filed documents arguing that the Boston-based First U.S. Circuit Court of Appeals was wrong when it threw out the 28-year-old's death sentence last year over concerns about the jury selection process.

    The appeals court ordered a new penalty-phase trial to decide whether Tsarnaev should be executed for the attack that killed three people and wounded more than 260 others, finding that the judge who oversaw the case did not adequately screen jurors for potential biases.

    Calling Tsarnaev's case “one of the most important terrorism prosecutions in our nation’s history,” the solicitor general’s office — which represents the administration before the high court — said the Supreme Court should “put this case back on track toward a just conclusion.”

    The initial prosecution and decision to seek a death sentence was made by the administration of former President Barack Obama, in which current President Joe Biden served as vice president. Biden has pledged to seek an end to the federal death penalty, but he has said nothing about how he plans to do so.

    The Supreme Court was originally asked to hear the case in 2020 and accepted the case in March.

    In a calendar published July 13, the Supreme Court confirmed it would hear the oral arguments in the case on Oct. 13.

    "I'd be surprised if they uphold the ruling that he gets a new trial and the death penalty. I won't be surprised at all if they reimpose the death penalty," said Jack Beermann, a professor at Boston University's School of Law.

    The justices on the nation's highest court are also set to hear major cases on abortion, the Second Amendment and religious liberty during this term.

    On Saturday, protesters gathered in Boston to push back on efforts in other states to limit access to abortion, namely Texas and Mississippi.

    "There a chance the Supreme Court will completely eliminate the right (federally), in which case, basically, the states are free to do what they want," Beermann said.

    Last year, Massachusetts legislators passed the Roe Act, which expanded and codified abortion rights into state law.

    "It won't impact Massachusetts because Massachusetts independently guarantees access to abortion," Beermann said.

    The solidly conservative Supreme Court is also expected to make a ruling on gun rights.

    "They're hearing one very important case about whether if a person has a license for concealed carry in one state if that license — by federal law — has to carry over into other states," Beermann said.

    Matthew Segal, the legal director for the American Civil Liberties Union of Massachusetts, says there are a range of other issues — from government transparency to immigration — that the Supreme Court is also taking up.

    "There are a number of issues in front of the court that are going to affect people's lives, both in Massachusetts and throughout the country," Segal said.

    The SCOTUS is also reviewing a case filed against the city of Boston. A man claims his rights were violated when he was denied the chance to fly a Christian flag with a cross on it on City Hall Plaza.

    https://www.wcvb.com/article/new-sup...-case/37859812
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  5. #305
    Senior Member Frequent Poster Steven AB's Avatar
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    The chance of a blanket commutation is not "very high", since even during the lame-duck period that would involve a grave risk of a later electoral backlash, as illustrated by the fact that they are still defending death sentences in courts.

    In the Tsarnaev case, they are in an awkward position because the Supreme Court granted review, but they would be in an even more difficult situation if the death sentence were reversed by final judgment, since they would have to decide whether to pursue again the death penalty in a sentencing retrial, which is a far graver way to sustain the death penalty. It’s something to argue that a death sentence is legal; it’s quite another to argue that an individual deserves to be executed.

    The only way to avoid this struggle would have been for the First Circuit to just uphold the sentence, but death penalty opponents are too doctrinaire to do such kind of smart moves.
    Last edited by Steven AB; 10-14-2021 at 03:30 PM.
    "If ever there were a case for a referendum, this is one on which the people should be allowed to express their own views and not irresponsible votes in the House of Commons." — Winston Churchill, on the death penalty

    The self-styled "Death Penalty Information Center" is financed by the oligarchic European Union. — The Daily Signal

  6. #306
    Senior Member CnCP Legend Mike's Avatar
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    Apparently his twitter account that he created before the bombings and posted on the day of them still hasn't been banned yet.

    Pretty amazing the amount of irony here is staggering.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  7. #307
    Moderator Bobsicles's Avatar
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    They didn’t ban Elliot Rodger’s Twitter account either, which apparently someone has gotten ahold of cause the account is still active despite Rodger being dirt

    Edit: Looks they actually have taken it down recently

    Edit 2: Nope Rodger’s account is still up. The new owner changed the username and locked the account
    Last edited by Bobsicles; 11-28-2021 at 10:10 PM.
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

  8. #308
    Administrator Helen's Avatar
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    US Attorney would again seek death for Marathon bomber

    U.S. Attorney Rachael Rollins said Monday that, if instructed by Attorney General Merrick Garland, she would attempt to reinstate the death penalty against convicted Boston Marathon bomber Dzhokhar Tsarnaev.

    The Supreme Court is weighing whether the 1st U.S. Circuit Court of Appeals in Boston in 2020 mistakenly threw out Tsarnaev’s death sentence for his role in the bombing that killed three people near the finish line of the marathon in 2013.

    The appeals court ruled the trial judge improperly excluded evidence that could have shown Tsarnaev was deeply influenced by his older brother, Tamerlan, and was 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.

    In more than 90 minutes of arguments last October, the court’s 6 conservative justices seemed likely to rule the appeals court mistakenly threw out Tsarnaev’s death sentence, a decision that would reinstate his death penalty.

    Tsarnaev’s guilt in the deaths of the bombing victims is not at issue, only whether he should be sentenced to life in prison or to death.

    If the justices affirm the lower court's ruling, however, Tsarnaev would have to face a new sentencing trial, assuming the Biden administration decided to continue pressing for a death sentence.

    Justice Department lawyers urged the Supreme Court in documents filed last year to “put this case back on track toward a just conclusion.”

    “The jury carefully considered each of respondent’s crimes and determined that capital punishment was warranted for the horrors that he personally inflicted — setting down a shrapnel bomb in a crowd and detonating it, killing a child and a promising young student, and consigning several others ‘to a lifetime of unimaginable suffering,’” they wrote.

    Asked Monday during an appearance on GBH News if she would seek the death penalty if Garland told her to pursue the penalty, Rollins, the top federal prosecutor in Massachusetts, said “correct,” but said her first action would be to speak with victims of the bombing and those who prosecuted Tsarnaev.

    “Before you hear my voice about any decision the United States Supreme Court makes we will be speaking to our victims of which there are hundreds to make sure that they understand the process and what happened and then we’ll make sure the rest of our community knows what it is that happened,” Rollins said.

    President Joe Biden has called for an end to the federal death penalty, but his justice department has argued that the appeals court wrongly rejected Tsarnaev’s death sentence.

    Massachusetts has banned the death penalty.

    The state last executed someone in 1947. In 1984, the Massachusetts Supreme Judicial Court ruled that a death penalty law approved by voters was unconstitutional.

    (source: Associated Press)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  9. #309
    Administrator Aaron's Avatar
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    SCOTUS has REINSTATED Tsarnaev's death sentence in a 6-3 decision.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  10. #310
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    High court reimposes Boston Marathon bomber’s death sentence

    By Mark Sherman
    The Associated Press

    The Supreme Court has reinstated the death sentence for convicted Boston Marathon bomber Dzhokhar Tsarnaev.

    The justices, by a 6-3 vote Friday, agreed with the Biden administration’s arguments that a federal appeals court was wrong to throw out the sentence of death a jury imposed on Tsarnaev for his role in the bombing that killed three people near the finish line of the marathon in 2013.

    The 1st U.S. Circuit Court of Appeals in Boston ruled in 2020 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.

    “Dzhokhar Tsarnaev committed heinous crimes. The Sixth Amendment nonetheless guaranteed him a fair trial before an impartial jury. He received one,” Justice Clarence Thomas wrote for the majority, made up of the court’s six conservative justices.

    In dissent for the court’s three liberal justices, Justice Stephen Breyer wrote, “In my view, the Court of Appeals acted lawfully in holding that the District Court should have allowed Dzhokhar to introduce this evidence.”

    Breyer has called on the court to reconsider capital punishment. “I have written elsewhere about the problems inherent in a system that allows for the imposition of the death penalty ... This case provides just one more example of some of those problems,” he wrote.

    The prospect that Tsarnaev, now 28, will be executed anytime soon is remote. The Justice Department halted federal executions last summer after the Trump administration carried out 13 executions in its final six months.

    President Joe Biden has said he opposes the death penalty, but his administration was put in the position of defending Tsarnaev’s sentence at the Supreme Court.

    Tsarnaev’s guilt in the deaths of Lingzi Lu, a 23-year-old Boston University graduate student from China; Krystle Campbell, a 29-year-old restaurant manager from Medford, Massachusetts; and 8-year-old Martin Richard, of Boston, was not at issue, only whether he should be put to death or spend the rest of his life in prison.

    Tsarnaev was convicted of all 30 charges against him, including conspiracy and use of a weapon of mass destruction and the killing of Massachusetts Institute of Technology Police Officer Sean Collier during the Tsarnaev brothers’ getaway attempt. The appeals court upheld all but a few of his convictions.

    The main focus at high court arguments in October was on evidence that implicated Tamerlan Tsarnaev in a triple killing in the Boston suburb of Waltham on the 10th anniversary of the Sept. 11, 2001, terrorist attacks. The evidence bolstered the defense team theory that Dzhokhar Tsarnaev was indoctrinated and radicalized by his older brother.

    The trial judge had rejected that argument, ruling that the evidence linking Tamerlan to the Waltham killings was unreliable and irrelevant to Dzhokhar’s participation in the marathon attack. The judge also said the defense team’s argument would only confuse jurors.

    Tamerlan Tsarnaev, 26, died shortly after the marathon attack. He had been in a gunfight with police and was run over by his brother as he fled, hours before police captured a bloodied and wounded Dzhokhar Tsarnaev in the Boston suburb of Watertown.

    https://apnews.com/article/bombings-...f742cf78afa6d0

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