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Tsarnaev’s Legal Team Seeks En Banc Hearing on Juror Bias

A courtroom with legal symbols and discussions on juror bias.

News Summary

Dzhokhar Tsarnaev’s defense has requested the full First Circuit Court of Appeals to review a ruling on juror bias from his 2015 trial, after a recent denial by a three-judge panel. The investigation into juror conduct could impact his death sentence linked to the 2013 Boston Marathon bombing. Concerns about the jurors’ social media actions and potential judicial bias have been raised. The legal team argues for a thorough review to uphold public confidence in the judiciary.

Boston – Dzhokhar Tsarnaev’s legal team has requested that the full First Circuit Court of Appeals re-examine a ruling concerning the investigation into potential juror bias during his 2015 trial. The defense’s move comes after a three-judge panel denied a similar request in July 2024, seeking an en banc hearing that would involve all ten active judges on the First Circuit reviewing the case.

The issue of juror bias is critical as the findings from this investigation could significantly influence Tsarnaev’s death sentence and might result in a new trial. Tsarnaev, now 32 years old, received a death penalty in connection to the 2013 Boston Marathon bombing, which tragically resulted in three fatalities and left over 260 individuals injured.

Previously, U.S. District Judge George A. O’Toole Jr. had rejected requests from the defense to investigate jurors’ potential bias, specifically concerning their social media activities during the trial. In March 2024, the First Circuit deemed Judge O’Toole’s refusal to investigate as a judicial error, prompting further examination into the jurors’ conduct.

This decision was influenced by evidence indicating that one juror had tweeted or retweeted 22 times about the bombings, making derogatory remarks against Tsarnaev, while another juror falsely portrayed their social media interactions relevant to the trial, suggesting external influences on their jury decision.

Following the First Circuit ruling, Judge O’Toole was instructed to conduct an investigation to assess the potential impact of these juror behaviors. However, the defense has also raised concerns about O’Toole’s own impartiality, citing his public statements made in forums such as podcasts and educational panels.

The defense argued that the panel’s upholding of O’Toole’s prior decision did not sufficiently address the implications of his public comments on his ability to remain neutral. The legal team asserts that a thorough review by all ten judges could bolster public confidence in the judiciary, particularly given the high-profile nature of the case.

For the defense’s request for an en banc rehearing to proceed, at least six of the ten judges must approve it. It is important to note that en banc hearings are seldom granted and are generally reserved for matters of substantial legal importance.

Dzhokhar Tsarnaev played a central role in the act of terrorism that shocked Boston, placing a bomb in a backpack at the Marathon’s finish line. The attack claimed the lives of three spectators and led to widespread injuries. In connection with these events, he also caused the death of MIT police Officer Sean Collier during a manhunt for him and his brother, Tamerlan Tsarnaev, who died in a confrontation with police shortly afterward.

The jury at Tsarnaev’s trial recommended the death penalty, despite arguments that he was heavily influenced by his older brother. In 2020, the original death sentence was overturned, but it was reinstated in 2022 following a ruling from the U.S. Supreme Court. The legal team continues to challenge various aspects of Tsarnaev’s trial and sentencing, maintaining that the investigation into juror misconduct deserves additional scrutiny.

Moreover, the First Circuit previously highlighted in a ruling in 2020 that inadequate questioning of jurors regarding their exposure to media coverage led to significant legal errors in the trial process.

Currently, the case remains under review concerning possible biases that could affect the juror selection process, with the implications of the ongoing legal battle potentially extending the timeline of Tsarnaev’s sentencing and appeals.

Deeper Dive: News & Info About This Topic

HERE Resources

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Tsarnaev’s Death Penalty Appeal Faces Legal Setback
Biden Commutes Sentences for 37 Federal Death Row Inmates
Legal Challenges Keep Dzhokhar Tsarnaev’s Death Sentence in Limbo
Boston Judge Remains on Dzhokhar Tsarnaev’s Case

Additional Resources

STAFF HERE BOSTON WRITER
Author: STAFF HERE BOSTON WRITER

BOSTON STAFF WRITER The BOSTON STAFF WRITER represents the experienced team at HEREBoston.com, your go-to source for actionable local news and information in Boston, Suffolk County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Boston Marathon, Head of the Charles Regatta, and Boston Harborfest. Our coverage extends to key organizations like the Greater Boston Chamber of Commerce and Associated Industries of Massachusetts, plus leading businesses in finance, biotech, and insurance that power the local economy such as Fidelity Investments, Biogen, and Liberty Mutual Insurance. As part of the broader HERE network, we provide comprehensive, credible insights into Massachusetts's dynamic landscape.

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