Boston Marathon bomber Dzhokhar Tsarnaev wins death penalty appeal

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Federal appeals court overturns Boston Marathon bomber Dzhokhar Tsarnaev's death penalty sentence, orders a lower court to hold new sentencing hearings

Tsarnaev's lawyers acknowledged at the beginning of his trial that he and his older brother, Tamerlan Tsarnaev, set off the two bombs at the marathon finish line. But they argued that Dzhokar Tsarnaev is less culpable than his brother, who they said was the mastermind behind the attack.Dzhokar Tsarnaev is now behind bars at a high-security super max prison in Florence, Colorado.

On the day of Tsarnaev’s sentencing, the juror changed her Facebook profile picture to an image that said “BOSTON STRONG,” a rallying cry used in the wake of the bombing, the attorneys said. But US District Judge George O’Toole refused, saying he believed a fair and impartial jury could be found in the city.The 1st Circuit said the “pervasive” media coverage featuring “bone-chilling still shots and videos” of the bombing and dayslong manhunt required the judge to run a jury selection process “sufficient to identify prejudice.

 

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