US appeals court: Marathon bombing trial can stay in Boston

[Lite Beer]

US appeals court: Marathon bombing trial can stay in Boston
DENISE LAVOIE, AP Legal Affairs Writer

BOSTON (AP) — The trial of Boston Marathon bombing suspect Dzhokhar Tsarnaev can stay in Massachusetts, a federal appeals court ruled Friday.

A three-judge panel of the 1st U.S. Circuit Court of Appeals said any high-profile case would receive significant media attention but that knowledge of such case "does not equate to disqualifying prejudice."

"Distinguishing between the two is at the heart of the jury selection process," the panel wrote.

Tsarnaev's lawyers argued that intense media coverage of the case and the large number of people personally affected by the deadly attack made it impossible for him to find a fair and impartial jury in Massachusetts.

Prosecutors insisted that Judge George O'Toole Jr.'s individual questioning of prospective jurors has successfully weeded out people with strong opinions on Tsarnaev's guilt.

In its 2-1 ruling, the appeals court found that the defense did not meet the standards necessary to have the trial moved.

It said it was not clear and indisputable that pretrial publicity required a change of venue, and that the ongoing jury selection process did not suggest pervasive prejudice. Furthermore, the court ruled, the defense did not demonstrate irreparable harm if the trial was not moved.

Tsarnaev's lawyers had asked O'Toole three times to move the trial, but he refused, saying bias among prospective jurors could be rooted out through careful questioning about their thoughts on Tsarnaev and the death penalty.

A panel of 12 jurors and six alternates will be chosen to hear the case. The same jury will decide whether Tsarnaev lives or dies. If he is convicted, the only possible punishments are life in prison without pariole or the death penalty. Only jurors who said they are willing to give meaningful consideration to both punishments can be seated on the jury.

Three people were killed and more than 260 were injured when twin bombs exploded near the marathon finish line on April 15, 2013.

-- (c) Associated Press 2015-02-28

[BestBitterPhuket]

I bet that little worm regrets his actions now, but too late.

[Publicus]

This is a federal case but it is in Boston and Massachusetts abolished the death penalty in 1984. Surveys have shown upwards of three-quarters of the state's population oppose the death penalty.

However, with a population of 2.5 million in Boston the federal jury pool surely can provide the jurors and alternates able to consider either life without parole or capital punishment, while also choosing fair and reasonably minded jurors who base their verdict on the evidence apart from what they may have seen on television or read in the news.

My own opposition to the death penalty is not absolute as I believe sometimes a person comes along who has to be killed, and this hard core and self-satisfied smug prick is one of 'em. I certainly could be wrong but I just don't see life in prison without parole as accomplishing anything...not with this guy anyway.

No RIP for this guy either.

[BadBouy]

This is a federal case but it is in Boston and Massachusetts abolished the death penalty in 1984. Surveys have shown upwards of three-quarters of the state's population oppose the death penalty.

However, with a population of 2.5 million in Boston the federal jury pool surely can provide the jurors and alternates able to consider either life without parole or capital punishment, while also choosing fair and reasonably minded jurors who base their verdict on the evidence apart from what they may have seen on television or read in the news.

My own opposition to the death penalty is not absolute as I believe sometimes a person comes along who has to be killed, and this hard core and self-satisfied smug prick is one of 'em. I certainly could be wrong but I just don't see life in prison without parole as accomplishing anything...not with this guy anyway.

No RIP for this guy either.

They will have no problem fielding a jury that is amenable with the death penalty. The trial will mirror the McVey trial, just the mechanics of disposing if rubbish. Bigger question would be the judge in my mind.

[Publicus]

Dunno what your reference is concerning the judge.

Judge O'Toole has been on the federal bench 20 years and was a state judge before that.

He's had several big cases to include sending away some local guy who gave material support to al Qaeda 17 years so he doesn't look soft on punishments. He's had absolute control over the hairy jury selection process, voir dire. Harvard lawyer with the top law firm in Boston, Wilmer Hale (Hale and Dorr).

You know somethin?

[cookee68]

Dunno what your reference is concerning the judge.

Judge O'Toole has been on the federal bench 20 years and was a state judge before that.

He's had several big cases to include sending away some local guy who gave material support to al Qaeda 17 years so he doesn't look soft on punishments. He's had absolute control over the hairy jury selection process, voir dire. Harvard lawyer with the top law firm in Boston, Wilmer Hale (Hale and Dorr).

You know somethin?

Yeah, keep his arse in Boston, he will be found guilty, then fry his arse after about 20 years, rotten scum