Court Dismisses Tsarnaev’s Motion to Remove Judge in Appeal

News Summary

A federal court has ruled against Dzhokhar Tsarnaev’s attorneys, who sought to disqualify Judge George O’Toole from presiding over his death sentence appeal. The decision, made by the U.S. First Circuit Court of Appeals, found no evidence of judicial bias that could affect Tsarnaev’s legal proceedings. While the core conviction related to the Boston Marathon bombing remains intact, ongoing appeals focus on procedural issues and juror conduct during the trial, including potential biases from jurors.

Boston – A federal court has dismissed a motion from attorneys representing Dzhokhar Tsarnaev, the convicted Boston Marathon bomber, seeking the removal of U.S. District Court Judge George O’Toole from presiding over his death sentence appeal. The ruling, issued by the U.S. First Circuit Court of Appeals on July 31, 2025, determined that the defense did not present sufficient evidence to substantiate claims of judicial bias, which they argued would adversely impact Tsarnaev’s ongoing legal proceedings.

Tsarnaev’s attorneys had claimed that Judge O’Toole showed partiality through remarks made during public engagements and podcasts concerning jury trials. However, the court’s ruling highlighted that these discussions were not grounds for his disqualification, noting that the defense failed to demonstrate that Judge O’Toole’s continued involvement would result in irreparable harm to Tsarnaev’s case. This decision effectively maintains the status quo as the appeals process continues.

In a preceding development from March 2024, the appellate court mandated Judge O’Toole to investigate allegations of juror bias and assess whether Tsarnaev’s death penalty should remain valid. Despite the ongoing appeals, the core of Tsarnaev’s conviction related to the 2013 bombing—where three lives were lost and hundreds were injured—is not in dispute; instead, the current legal efforts are concentrated on procedural matters and the conduct of jurors during the trial.

Dzhokhar Tsarnaev was found guilty in 2015 of multiple charges linked to the bombing, which occurred during the Boston Marathon. The U.S. Supreme Court reinstated his death sentence in 2022 after it had been nullified by the First Circuit in 2020, largely due to the original trial judge’s failure to thoroughly question jurors about their exposure to media coverage surrounding the bombing. This reinstatement underscores the complexities of Tsarnaev’s sentencing appeal.

While the arguments in the current appeals focus on procedural irregularities, Tsarnaev’s attorneys have stressed that he was significantly influenced by his older brother, Tamerlan Tsarnaev, who was killed in a confrontation with law enforcement shortly after the attack. This context emphasizes Tsarnaev’s claimed psychological state at the time of the incident, which factors into ongoing discussions about culpability and punishment.

As Tsarnaev continues to remain on death row at a supermax prison in Colorado, the First Circuit’s findings indicate that the ongoing appeals will address various aspects of jury selection, particularly the behavior and honesty of specific jurors. Notably, jurors identified as juror 138 and juror 286 are under scrutiny for allegedly exhibiting biases reflected in their social media activities, which contradicted their statements prior to trial.

With the appeals process in motion, there has yet to be a definitive timeline established for when the appellate court will reach a conclusion regarding the juror bias claims. Legal analysts anticipate that the unfolding proceedings will further engage public attention, considering the case’s significance in American legal and social contexts. The resolution of issues surrounding juror conduct may hold substantial implications for Tsarnaev’s death sentence and future legal predicaments.

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Additional Resources

• Boston 25 News
• NBC Boston
• MassLive
• Encyclopedia Britannica: Boston Marathon Bombing
• Google Search: Dzhokhar Tsarnaev appeal