It figures, in the far-left sanctuary state of Massachusetts, an appellate court has tossed the death sentence and overturned three of the convictions of Boston Marathon bomber Dzhokhar Tsarnaev.
NY Post Tsarnaev’s lawyers, claimed their client couldn’t have received an impartial trial in a city still reeling from the 2013 attack, which killed three people and injured more than 260. “This case should not have been tried in Boston,” the lawyers wrote in their legal brief.
The court in its ruling cited multiple errors in the proceedings that found Dzhokhar guilty and then condemned him to death.— including that the trial judge failed to ensure that jurors were untainted by pre-trial publicity.
The ruling will not result in Tsarnaev being freed, and the death penalty will now be revisited in a pentalty-phase trial do-over.
“Dzhokhar will remain confined to prison for the rest of his life, with the only question remaining being whether the government will end his life by executing him,” the ruling said.
The 224-page ruling was released Friday afternoon by federal appellate Judge Rogeriee Thompson.
The ruling began by acknowledging that the 2013 bombing, committed with a pair of homemade bombs by Tsarnaev and his older brother, Tamerlan — who died in a police shootoug — was “one of the worst domestic terrorist attacks since the 9/11 atrocities.”
The brothers’ bombs “caused battlefield-like carnage,” ending three lives and inflicting “horrific, life-altering injuries” on hundreds more.
In fleeing, the brothers “also gunned down a local campus police officer in cold blood,” the ruling noted.
Eventually captured, and put on trial two years later, Dzhokhar through his lawyers “conceded he did everything the government alleged,” the judge wrote — but he fought the death penalty by blaming his dead brother for having radicalized him.
The jury thought otherwise, convicting on all charges and finding he should be executed on the death-penalty eligible counts, a recommendation with which a district judge complied.