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Dzhokhar Anzorovich Tsarnaev - Federal - Page 27
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Thread: Dzhokhar Anzorovich Tsarnaev - Federal

  1. #261
    Administrator Aaron's Avatar
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    You are correct. That's why there's no point getting apoplectic over this case. Focus on what matters.
    Don't ask questions, just consume product and then get excited for next products.

  2. #262
    Administrator Helen's Avatar
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    Feds to seek death penalty for Boston Marathon bomber Dzhokhar Tsarnaev

    WASHINGTON (AP) — The Justice Department will seek to reinstate a death penalty for Dzhokhar Tsarnaev, the man who was convicted of carrying out the 2013 Boston Marathon bombing, Attorney General William Barr said Thursday.

    In an interview with The Associated Press, Barr said the Justice Department would appeal the court’s ruling last month that tossed Tsarnaev’s death sentence and ordered a trial to determine whether he should be executed for the attack that killed three people and wounded more than 260 others. Barr said the Justice Department would take the matter to the U.S. Supreme Court.

    “We will do whatever’s necessary,” Barr said. “We will take it up to the Supreme Court and we will continue to pursue the death penalty.”

    Under Barr, the Justice Department has again begun carrying out federal executions, putting three men to death so far and scheduling at least three others next week and in September, despite the coronavirus pandemic and waning public support for the death penalty. Barr has said it is the Justice Department’s duty to carry out the sentences imposed by the courts — including the death penalty — and to deliver justice for the families of the victims.

    A three-judge panel of the 1st U.S. Circuit court found in July that the judge who oversaw the 2015 trial did not adequately question potential jurors about what they had read or heard about the highly publicized case.

    The defense acknowledged that Dzhokhar Tsarnaev and his older brother, Tamerlan Tsarnaev, carried out the attack on April 15, 2013, but sought to portray his brother as the radicalized mastermind who they said lured his impressionable younger brother into violence.

    Tamerlan Tsarnaev, 26, died following a gunfight with police and being run over by his brother as he fled. Police captured a bloodied and wounded Dzhokhar Tsarnaev hours later in the Boston suburb of Watertown, where he was hiding in a boat parked in a backyard.

    Tsarnaev, now 27, was convicted of all 30 charges against him, including conspiracy and use of a weapon of mass destruction and the killing of an MIT police officer during the Tsarnaev brothers’ getaway attempt. The appeals court upheld all but a few of his convictions.

    An email seeking comment was sent to David Patton, an attorney for Tsarnaev. Patton said after the 1st Circuit’s decision that “it is now up to the government to determine whether to put the victims and Boston through a second trial, or to allow closure to this terrible tragedy by permitting a sentence of life without the possibility of release.”

    Prosecutors told jurors that Tsarnaev was just as culpable in the attack they say was meant to punish the U.S. for its wars in Muslim countries. In the boat where he was found hiding, he wrote, “Stop killing our innocent people and we will stop.”

    Killed in the bombing 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.

    Describing media attention in the case as “unrivaled in American legal history,” the appeals court said U.S. District Judge George O’Toole fell short in running a jury selection process “sufficient to identify prejudice.”

    The 1st Circuit also found that O’Toole erred in refusing to let the defense tell jurors about evidence tying Tamerlan Tsarnaev to the killings of three people in the Boston suburb of Waltham in 2011.

    “If the judge had admitted the Waltham evidence — evidence that shows (like no other) that Tamerlan was predisposed to religiously-inspired brutality before the bombings and before Dzhokhar’s radicalization — the defense could have more forcefully rebutted the government’s claim that the brothers had a ‘partnership of equals,’” Judge O. Rogeriee Thompson wrote in the ruling.

    President Donald Trump tweeted after the decision that the federal government “must again seek the Death Penalty in a do-over of that chapter of the original trial.” The ruling came as the U.S. government recently resumed federal executions following a 17-year pause.

    https://www.wwlp.com/news/massachuse...khar-tsarnaev/
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  3. #263
    Senior Member Frequent Poster Alfred's Avatar
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    Federal prosecutors formally seek SCOTUS review of ruling tossing death penalty in Tsarnaev case

    Federal prosecutors on Tuesday formally filed their request for the US Supreme Court to review an appeals court ruling in July that threw out the death penalty in the case against Boston Marathon bomber Dzhokhar Tsarnaev.

    The 424-page request, known as a writ of certiorari, raises two questions for the high court to consider.

    It asks whether the District Court should have allowed “evidence that respondent’s older brother was allegedly involved in different crimes two years before the offenses for which respondent was convicted.”

    The document also asks whether the federal appeals court that overturned Tsarnaev’s death sentence made a mistake in concluding that the District Court should have asked “each prospective juror for a specific accounting of the pretrial media coverage that he or she had read, heard, or seen about respondent’s case.”

    The move by prosecutors comes after the US Court of Appeals for the First Circuit on July 31 issued a 182-page ruling that infuriated some survivors, finding that George A. O’Toole Jr., who presided over Tsarnaev’s high-profile 2015 trial in US District Court in Boston, “did not meet the standard” of fairness while presiding over jury selection.

    The appellate court ordered a new trial on the sentencing phase only, to determine whether Tsarnaev will be executed or spend the rest of his natural life behind bars.

    “A core promise of our criminal justice system is that even the very worst among us deserves to be fairly tried and lawfully punished,” wrote Judge O. Rogeriee Thompson, who also called the bombings “one of the worst domestic terrorist attacks since the 9/11 atrocities.”

    The ruling does not impact Tsarnaev’s convictions in the 2013 bombings, which killed three people and wounded more than 260 others.

    “Just to be crystal clear … Dzhokhar 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,” Thompson wrote.

    With their filing Tuesday, prosecutors formally asked the Supreme Court to take up the matter. If the high court, which agrees to hear only a fraction of the cases submitted to the panel for review each year, does review the case, it could affirm the appellate decision or reverse it, reinstating Tsarnaev’s death sentence.

    Tsarnaev, now 27, remains incarcerated at a federal supermax prison in Colorado.

    The Justice Department had previously signaled its intent to take the matter to the Supreme Court.

    Prosecutors last month said in a six-page filing with the US Court of Appeals for the First Circuit that they planned to file a writ of certiorari with the high court, which “under the extended deadline established by the Supreme Court’s order of March 19, 2020, is due December 28, 2020.”

    "The Court vacated Tsarnaev’s death sentences based on the district court’s failure to ask prospective jurors about the content of the media coverage they had seen and heard about the case,” said the September filing from the Justice Department. “The Supreme Court has held that the Constitution does not require trial courts to question potential jurors about the specific contents of the news reports to which they had been exposed.’”

    https://www.bostonglobe.com/2020/10/...tsarnaev-case/

  4. #264
    Senior Member CnCP Legend Bobsicles's Avatar
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    Distributed for conference January 8, 2021.

    https://www.supremecourt.gov/search....ic/20-443.html
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  5. #265
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    Boston Marathon bomber sues prison over confiscated hat and bandana, lack of showers

    The Boston Marathon bomber complained about a lack of showers and guards confiscating his hat in a lawsuit against a federal prison in Colorado.

    Dzhokhar Tsarnaev, 27, accuses the Federal Correctional Complex Florence of “unlawful, unreasonable and discriminatory” treatment in the handwritten lawsuit filed Monday. Tsarnaev is representing himself.

    Tsarnaev says a guard confiscated a white baseball cap and bandana he purchased at the prison commissary shortly after he was incarcerated at the maximum security facility in 2015. The guard told him wearing the hat was “disrespecting the FBI and the victims in your case, and you know this,” Tsarnaev wrote.

    Before Tsarnaev was identified by authorities, he was referred to as a lead suspect seen wearing a “White Hat” while leaving the bombing scene, the Boston Herald reported. The cap was evidence during his death penalty sentencing, according to the newspaper.

    “This incident has caused me a great deal of mental stress and anxiety,” Tsarnaev wrote in the lawsuit. “This discriminatory action against me reflects an attitude that has inevitably brought about more prejudiced actions that violate my rights and have resulted in my mental and physical decline.”

    The Federal Bureau of Prisons declined to comment on the lawsuit.

    Tsarnaev was convicted of killing three people and injuring hundreds more in the bombings at the 2013 Boston Marathon. Three days later, Tsarnaev and his brother killed a Massachusetts Institute of Technology campus officer, set of bombs in nearby Watertown and engaged in gunfire with police, authorities say. His brother, Tamerlan Tsarnaev, was killed at the scene.

    In the lawsuit, Tsarnaev also complained about a lack of showers. Tsarnaev says the prison has a two-phase system that rewards inmates who behave with daily showers and three social phone calls monthly, but he’s been denied opportunity to advance to the second phase.

    “I am not a ‘security threat’ when I clean the recreation yard as the orderly and I certainly wouldn’t be a threat if I were advanced to Phase Two and allowed to shower daily,” Tsarnaev wrote.

    In 2015, Tsarnaev was sentenced to death, which was later overturned by an appeals court, but he will remain in prison for life, The Associated Press reported.

    https://www.thestate.com/news/nation...248347135.html
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  6. #266
    Senior Member CnCP Legend Bobsicles's Avatar
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    Distributed for conference January 15, 2021.

    https://www.supremecourt.gov/search....ic/20-443.html
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  7. #267
    Moderator Ryan's Avatar
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    Boston Marathon bomber appeal is early Biden test on death penalty

    President-elect Joe Biden says he’s against the death penalty now. A case involving the surviving Boston Marathon bomber waiting for him on Day One will test if he means it.

    The Justice Department under President Donald Trump is petitioning the Supreme Court to reinstate the death sentences of Dzhokhar Tsarnaev, who won an appeals court ruling last year. The high court will next consider whether to grant review of the government’s appeal in private conference on Friday, after not acting on the petition when it was first up for consideration last week.

    The Supreme Court could announce as soon as Friday that it’s granting review; it could also deny to take it up in an orders list on Tuesday, or again take no action.

    Whatever the justices do, Biden’s administration will be confronted as soon as he takes office January 20 with how to handle the case against one of the men responsible for the 2013 deadly bombing. Tsarnaev’s 2015 capital prosecution occurred during Biden’s vice presidential tenure, and the incoming Democratic chief executive supported capital punishment as a senator. He pledged to end federal executions during his White House campaign.

    “Tsarnaev is the perfect case to test whether Mr. Biden really means that he opposes the death penalty in all cases,” said Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, a crime-victims’ group. “If he really means all, then he should take that action in the case that cries out for the death penalty the most, and this is it.”

    Biden’s transition team didn’t respond to questions about what the administration will do in Tsarnaev’s case. His website lists “Eliminate the death penalty” as part of his criminal justice policy. It notes that, since 1973, over 160 people who were previously sentenced to death have been exonerated.

    “Because we cannot ensure we get death penalty cases right every time, Biden will work to pass legislation to eliminate the death penalty at the federal level, and incentivize states to follow the federal government’s example,” his site says. “These individuals should instead serve life sentences without probation or parole.”

    Democrats said this week they’re introducing legislation to ban the federal death penalty.

    Victim Factor

    Tsarnaev’s trial judge didn’t do enough to screen potential jurors for pretrial publicity bias, the U.S. Court of Appeals for the First Circuit said July 31. The appeals court affirmed his life sentences, ensuring he’ll die in prison either way.

    Nonetheless, the ruling upends “one of the most important terrorism prosecutions in our Nation’s history,” the Justice Department said in its Oct. 6 petition. The two shrapnel bombs set off near the finish line of the world-famous race killed three people—Krystle Campbell, 29, Lingzi Lu, 23, and Martin Richard, 8—and caused life-altering injuries to many others.

    Left undisturbed, the appeals court ruling means “the victims will have to once again take the stand to describe the horrors that respondent inflicted on them,” the petition said.

    “The first thought in my mind when I heard about the First Circuit ruling was how difficult this is going to be for the victims’ families and survivors of Tsarnaev’s crimes,” said Carmen Ortiz, who was U.S. attorney in Massachusetts overseeing the prosecution.

    Under Biden, however, it’s unlikely those victims will be back on the stand either way.

    Daniel Medwed, criminal law professor at Northeastern University School of Law in Boston, who supported Tsarnaev’s appeal in an amicus brief at the First Circuit, said he thinks it’s unlikely the Supreme Court will grant review, and that it’s also unlikely Biden would seek another death penalty trial if the First Circuit’s decision stands.

    Despite the serious facts of the case, the legal issues presented aren’t pressing enough for the court to take up, Medwed said. If the court grants review, “it’s quite possibly a sign that the conservative members of the court would want to reinstate the death sentences,” he said.

    Societal Statement

    Biden has yet to nominate a solicitor general—the Justice Department’s top lawyer at the Supreme Court—and his attorney general nominee, D.C. Circuit Judge Merrick Garland, could be an important player in the decision of what to do in this case and others.

    Garland, whom Senate Republicans denied a hearing when Barack Obama nominated him to the high court, potentially adds another wrinkle to the mix, Medwed observed. He noted that Garland prosecuted Oklahoma City bomber Timothy McVeigh, who was executed in 2001.

    “The extent to which he might be in favor of the death penalty in cases of domestic terrorism would be a variable,” Medwed said.

    However the new administration handles the case, it could signal its death penalty approach going forward.

    “While cases such as the tragic loss of life and devastating injuries that resulted from the Boston Marathon bombing are ones that test anyone’s resolve, invoking the death penalty even in the most heinous of crimes says more about us as a society than it does about the individual the current administration is advocating should be put to death,” said former federal prosecutor Miriam Krinsky, founder and executive director of Fair and Just Prosecution, a group that advocates for reforms.

    Fordham law school professor Deborah Denno, whose scholarship has been cited in Supreme Court death penalty cases, said she thinks that Biden’s Justice Department will reverse course and withdraw the petition.

    The justices have frowned upon changes in government positions, but it’s not unusual when a new administration comes in.

    “I think Biden will fulfill his promise and that Lisa Montgomery’s execution will cement his pledge all the more,” Denno said, referring to the Trump administration’s lethal injection this week of a woman who argued she was incompetent to be executed.

    Montgomery murdered a pregnant woman and cut the baby from her womb. It’s one of three federal executions scheduled for this week before Biden takes over, the last in a spate of federal executions unseen in modern times—13 since July if all go forward.

    Ortiz, now a partner at Anderson & Kreiger, said the new administration should let the appeals process play out.

    “Some people would welcome the government withdrawing its petition, especially advocates against the death penalty,” she said. “But there will be many people who are disappointed, and who feel that justice was served when everyone had their voices heard in court and a jury recommended the death penalty and the judge imposed it.”

    The case is United States v. Tsarnaev, U.S., No. 20-443.

    https://www.bloomberg.com/news/artic...-death-penalty
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  8. #268
    Senior Member CnCP Legend Bobsicles's Avatar
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    It was distributed for conference January 22, 2021

    https://www.supremecourt.gov/search....ic/20-443.html
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