August 18, 2015
Three months after jury's death verdict, Tsarnaev lawyers move for new penalty trial
As reported in this AP article, headlined "Lawyers ask for new trial outside Boston for marathon bomber," the Dzhokhar Tsarnaev's attorneys have now moved in federal district court for a new penalty phase trial based mostly their claim that "due to continuous and unrelenting publicity combined with pervasive connections between jurors and the events surrounding the Boston Marathon Bombing that precluded impartial adjudication in both appearance and fact." (This last phrase comes from the start of the papers filed yesterday, which can be accessed at this link thanks to The Marshall Project.)
Here is a partial summary of the filing via the AP piece (including an extra legal twist thanks to the Supreme Court's recent Johnson ruling):
They argued that, because of widespread outrage in Boston after the deadly 2013 attack, jurors in the city couldn't be objective before finding him guilty and recommending a death sentence. As evidence of "continuous and unrelenting publicity," they provided a long list of public events held in honor of the victims, including a new city holiday and several races.
Widespread media coverage featured stories about survivors, including one "powerfully emotional" moment during the 2015 marathon when amputee Rebekah Gregory ran the last 3.5 miles on a prosthetic leg before falling to her knees at the finish line, crying, the filing said. Banners posted around the city urged solidarity. Even on social media, the lawyers wrote, jurors were inundated with posts from relatives and friends.
"Put simply, prejudicial media coverage, events and environment saturated greater Boston, including the social networks of actual trial jurors, and made it an improper venue for the trial of this case," the filing said.
The filing concludes that the atmosphere tainted Tsarnaev's constitutional right to an impartial trial. It asks that his guilty verdict be overturned and that the court provide a new trial to determine his guilt and his penalty....
The defense tried unsuccessfully during the trial to have it moved elsewhere, warning that too many people had personal ties to the marathon or the attack and that anguish in Boston was too powerful to provide a fair trial.
The filing Monday reiterated that request and added new legal arguments, including that a recent U.S. Supreme Court ruling throws many convictions into question. That ruling centered on the legal definition of a "crime of violence," a distinction that can carry heavier penalties. The court ruled that part of the federal definition was unconstitutionally vague and struck it down.
In the Tsarnaev case, jurors were told that 15 of his convictions were for crimes of violence, but the trial court didn't explain which part of the definition they met, according to the filing. Therefore, Tsarnaev should be acquitted for all of those charges, his attorneys wrote. Tsarnaev was charged with placing and discharging an explosive in public, for example, but his lawyers said "the 'delivery' and 'placement' of an explosive do not involve violent force."
August 18, 2015 at 08:56 AM | Permalink
Legal costs of this hearing should come from the personal assets of the defense lawyers. To deter. To argue that placing a bomb filled with shrapnel is not a violent act is frivolous and contemptuous of the intelligence of the judge. That argument is like calling the judge stupid to his face. Even the Supremacy would not be rude enough to do that.
Posted by: Supremacy Claus | Aug 18, 2015 12:45:10 PM