A federal appeals court has vacated the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev, based on the opinion that the judge in the case did not vet the jury properly with regard to possible bias stemming from pretrial publicity.

“A core promise of our criminal-justice system is that even the very worst among us deserves to be fairly tried and lawfully punished — a point forcefully made by the then-U.S. Attorney for Massachusetts during a presser at the trial's end," the three-judge panel wrote.

They added: "To help make that promise a reality, decisions long on our books say that a judge handling a case involving prejudicial pretrial publicity must elicit 'the kind and degree' of each prospective juror's 'exposure to the case or the parties,' if asked by counsel, see Patriarca v. United States, 402 F.2d 314, 318 (1st Cir. 1968) — only then can the judge reliably assess whether a potential juror can ignore that publicity, as the law requires. But despite a diligent effort, the judge here did not meet the standard set by Patriarca and its successors.”

Tsarnaev was convicted and sentenced to death in 2015 for carrying out the April 15, 2013 attack at the marathon finish line with his older brother Tamerlan Tsarnaev, who died in a shootout with police after a manhunt.

The attack at the marathon killed three people and injured more than 260 others. Tsarnaev's lawyers had been trying to overturn his death sentence. They said it was impossible to find a fair jury in Boston because the explosions traumatized the region.

Many of the charges Tsarnaev was convicted on were upheld by the appeals court, but on those death-eligible counts, the court ordered a new penalty-phase trial. So Tsarnaev could again be sentenced to death, but the government must first decide whether it wants to pursue capital punishment.

The Justice Department now has the option of asking the entire “en banc” appeals court in Boston to hear the appeal or the DOJ could ask the Supreme Court to review the case.

The three judges who issued the decision were: Juan Torruella, a Reagan appointee who dissented in part; Rogeriee Thompson, an Obama appointee who wrote the opinion; and William Kayatta, who is also an Obama appointee.


https://www.foxnews.com/us/fed...naevs-death-sentence

get that overturned on appeal this weekend and lets end his miserable existence next Monday - enough of this shit

If anyone deserves to be put to the death by the state, it's that son of a bitch. Kill his ass tomorrow.

Beat him with a sock full of nickels.

Accidentally let him wander through the general population after letting them know who he is.

They got it wrong once again.

quote:

Originally posted by 95flhr:
They got it wrong once again.

Its the current court system, what would you expect. The current courts only protect the people who threaten our society. The innocent no longer matter.

quote:

Originally posted by Balzé Halzé:
If anyone deserves to be put to the death by the state, it's that son of a bitch. Kill his ass tomorrow.

Agreed. Should have put a bullet in the back of his head right after he was convicted.


...

The hanging should be in Boston common. Everyone should attend.

It was an excellent opportunity to test a boat for bullet resistance.

I don’t think death is the correct sentence because it will end his incarceration in the federal Supermax prison in Colorado.

I think another 50 or so years of solitary confinement in a prison where he won’t see anything or anyone not part of the prison is a far worse punishment.

Who's the slimebag attorney that appealed or argued on his behalf?

I’m not opposed to the death penalty, either generally or as applied to this guy, but getting arrested at 20 years old and then spending the rest of your life in prison is pretty awful.

quote:

Originally posted by sasquatch28:
Beat him with a sock full of nickels.

There is currently a coin shortage going on, so they might not be able to find enough nickels.

There hasn't been a shortage of fire ants or bees in a long time.

quote:

Originally posted by Sig2340:
I don’t think death is the correct sentence because it will end his incarceration in the federal Supermax prison in Colorado.

I think another 50 or so years of solitary confinement in a prison where he won’t see anything or anyone not part of the prison is a far worse punishment.

After re-reading the op's original post I have corrected my post to reflect a more "correct" thought on my part.

I agree he hopefully will live to a ripe old age reflecting on just what he has done. Hell on earth indeed.

[strike]

At what cost should we continue to support his existence?

He will never contribute to anything except the federal deficit. It’s time to do some cost cutting.

The legal system in this country is so terribly fucked up it’s going to take a major reset to get it back to being right.

What exactly do you need to do in this country to warrant capital punishment.

Apparently blowing people up with a bomb isn’t enough. Trying to overthrow the government isn’t enough.

The government had better start getting it right of the people may step in and do the heavy lifting themselves.

If every democrat judge in this country were to disappear overnight - it would be a huge step forward in getting us back on the track to civilization.

And I mean ALL of them EVERYWHERE.

quote:

It’s time to do some cost cutting.

A public hanging is not expensive.

quote:

The government had better start getting it right of the people may step in and do the heavy lifting themselves.

Damn straight.

quote:

Originally posted by bobtheelf:
Accidentally let him wander through the general population after letting them know who he is.

Oh they'll know. Given his youth and his history, I suspect prison will not be kind to him. He won't survive too long.

quote:

Originally posted by chellim1:
The hanging should be in Boston common. Everyone should attend.

I would pay to come over and watch, hell, I'd even ask for a few instant replays to make sure it really happened.

quote:

Originally posted by DaveL:
I’m not opposed to the death penalty, either generally or as applied to this guy, but getting arrested at 20 years old and then spending the rest of your life in prison is pretty awful.

Excuse me?

You think that carrying out mass murder and getting a life sentence at age twenty is pretty hard cheese? The survivors who were maimed, lost limbs and so on, also have life sentences imposed on them.

If he somehow dodges the needles an gets jail, he still has all his limbs and everything else.