Department of Justice. File photo. The prosecution presented as evidence Tuesday, March 10, , during Tsarnaev's federal death penalty trial, photos of the handwritten note found inside the boat where he was captured four days after the bombings.
S Department of Justice. The Supermax prison near Florence, Colo. Boston, MA, Robel Phillipos, one of the college buddies of convicted marathon bomber Dzhokhar Tsarnaev, right, leaves the federal courthouse in Boston, Friday, June 5, with his attorney Derege Demissie, left, after hearing the sentence.
Staff Photo by Chitose Suzuki. This combination of undated photos provided by their families shows, from left, Martin Richard, 8, Krystle Campbell, 29, and Lingzi Lu, a Boston University graduate student. Richard, Campbell and Lu were killed in the two explosions at the finish line of the Boston Marathon on Monday, April 15, The ruling tells the district court to enter judgments of acquittal on those charges, put together a new jury and preside over a new trial that strictly focuses on what penalty Tsarnaev should receive for the counts that are eligible for the death penalty.
Tsarnaev's attorneys had filed a post-trial motion for judgments of acquittal on these convictions that the district court judge denied. CNN has reached out to Tsarnaev's legal team for comment on the ruling. The ruling also states that the judges make no judgment about whether Boston is a "proper venue" for a sentencing retrial, and says it is a decision that should be left to the US District Court for Massachusetts, where the initial trial was held. The US Attorney's office said: "We are currently reviewing the opinion and are declining further comment at this time.
Tsarnaev was 19 years old when he and his brother, Tamerlan, who was 26 years old at the time, went to Boston's Boylston Street shortly before 3 p. Surveillance video showed the brothers carrying the pressure cooker bombs in backpacks and moving through the crowd near the marathon finish line in what federal prosecutors called a coordinated attack.
Tamerlan set off the first bomb, a 6-quart pressure cooker that contained gunpowder, nails and BBs, prosecutors said. The bomb killed Campbell, a year-old restaurant manager, and permanently injured several other people who lost their legs. The second pressure cooker bomb, carried in by Dzhokhar, went off 12 seconds later and killed two people, Martin and Lu, a graduate student from China.
The bombings sparked a manhunt for days that shut down the city and resulted in wall-to-wall coverage of the search. While all three judges agreed the death sentence should be overturned, U.
Circuit Judge Juan Torruella said he believed Tsarnaev was also denied the right to a fair trial when the judge declined to let the case be tried outside of Boston.
Prosecutors could ask the full appeals court to reconsider the ruling or appeal to the U. Supreme Court. A federal appeals court Friday overturned the death sentence for Dzhokhar Tsarnaev, convicted after helping his brother plant two pressure cooker bombs at the Boston Marathon in , killing three people and leaving hundreds more with serious injuries.
A three-judge panel of the First Circuit Court of Appeals ruled unanimously that the judge failed to allow enough questioning of potential jurors about how extensively they followed media coverage of the bombings. The page opinion said long-standing court decisions require a judge handling a high profile case to let defense lawyers ask prospective jurors extensive questions about the kind and degree of their exposure to media coverage. As a result of the ruling, Tsarnaev must be given a new sentencing hearing, although his conviction stands.
A spokeswoman for Boston's U.
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