Skip to main content

USA | Boston Marathon Bomber Dzhokhar Tsarnaev’s Death Sentence Overturned By Federal Appeals Court

Dzhokhar Tsarnaev
BOSTON (CBS/AP) — A federal appeals court on Friday tossed the death sentence of Dzhokhar Tsarnaev, the man convicted in the 2013 Boston Marathon bombing.

A three-judge panel of the 1st U.S. Circuit Court of Appeals ordered a new penalty-phase trial, finding that the judge who oversaw the case didn’t sufficiently vet jurors for biases.

“But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution,” the judges said.

The April 15, 2013, attack killed three people and injured more than 260 others.


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.

Tamerlan Tsarnaev died in a gunbattle with police a few days after the bombing. 

Dzhokar Tsarnaev is now behind bars at a high-security supermax prison in Florence, Colorado.

Tsarnaev’s attorneys identified a slew of issues with his trial, but said in a brief filed with the court that the “first fundamental error” was the judge’s refusal to move the case out of Boston. 

They also pointed to social media posts from two jurors suggesting they harbored strong opinions even before the 2015 trial started.

The appeals judges, in a hearing on the case in early December, devoted a significant number of questions to the juror bias argument.

They asked why the two jurors had not been dismissed, or at least why the trial judge had not asked them follow-up questions after the posts came to light on the eve of the trial.

The judges noted that the Boston court has a longstanding rule obligating such an inquiry.

Tsarnaev’s lawyers say one of the jurors — who would go one to become the jury’s foreperson, or chief spokesperson — published two dozen tweets in the wake of the bombings. 

One post after Tsarnaev’s capture called him a “piece of garbage.”

Tsarnaev was convicted on 30 charges, including conspiracy and use of a weapon of mass destruction. 

An email was sent to his lawyer seeking comment.

“I’m not surprised,” said WBZ-TV Security Analyst Ed Davis, who was the Boston Police Commissioner at the time of the bombings, about the ruling. “I am concerned though that the victims have to relive this incident by this ruling.”

Source: boston.cbslocal.com, Staff, July 31, 2020

Appeals Court Tosses Out Six Death Sentences For Boston Marathon Bomber


Boston marathon bombing
A death penalty sentence against confessed Boston Marathon bomber Dzhokhar Tsarnaev was thrown out Friday by a federal appeals court in Boston.

Citing errors by a lower court, a three-judge panel from the 1st U.S. Circuit Court of Appeals sent the widely publicized case back to the federal District Court that had convicted Tsarnaev in 2015 and ordered six death sentences for him as well as 11 concurrent life sentences.

In the ruling, that court was ordered to impanel a new jury and hold a sentencing retrial for the death penalty convictions.

"A core promise of our criminal-justice system is that even the very worst among us deserves to be fairly tried and lawfully punished," Judge O. Rogeriee Thompson wrote in the 224-page opinion, noting the District Court judge had failed to vet the trial's jurors adequately for bias.

Attorneys for Tsarnaev have acknowledged that he and his older brother Tamerlan, who was killed during the manhunt that followed the 2013 bombing, detonated two homemade pressure cooker bombs that killed three people and wounded at least 260 others near the finish line of the annual foot race.

"I am sorry for the lives I have taken, for the suffering that I have caused you, for the damage I have done, irreparable damage," Tsarnaev told the courtroom on the day he was sentenced, adding "in case there is any doubt, I am guilty of this attack, along with my brother."

Tsarnaev, who is now 27, is being held at the high-security supermax federal prison near Florence, Colo.

While the appellate court vacated the death sentences against the younger of the Tsarnaev brothers, it also made clear that he would never again be a free man.

"Dzhokhar will remain confined to prison for the rest of his life," Thompson wrote, "with the only question remaining being whether the government will end his life by executing him."

An impartial jury


The higher court noted that the judge who presided over Tsarnaev's trial had rejected the defense team's request for a more distant trial venue where prospective jurors might be less likely to be prejudiced against the Chechen immigrant. That judge did so, the ruling maintained, promising that local jurors would be adequately screened.

But the three-judge panel ruled that the trial judge had failed to impanel an impartial jury.

Jury box
"The judge stopped Dzhokhar's counsel from asking prospective jurors questions like '[w]hat did you know about the facts of this case before you came to court today (if anything)?' " Thompson wrote, "and '[w]hat stands out in your mind from everything you have heard, read[,] or seen about the Boston Marathon bombing and the events that followed it?' "

In another part of the opinion, Judge Juan Torruella wrote that the District Court judge relied on "self-declarations of impartiality" by prospective jurors, calling that "an error of law and an abuse of discretion."

"Tsarnaev presented a colorable claim that Juror 286 knowingly withheld from the court the fact that she posted twenty-two online comments mourning the death of [8-year-old bystander] Martin Richard," Torruella wrote of the woman who would become the jury's foreperson, "praising law enforcement officers (three of whom would later testify at trial), expressing 'BOSTON STRONG' civic pride, and calling Tsarnaev a 'piece of garbage.' "

Torruella also noted that three of the 12 jurors who voted admitted before the trial that they were convinced Tsarnaev was guilty, while another two said they believed he took part in the bomb attack.

"With a jury so intensely impacted by the charged crimes," the appellate judge continued, "and so exposed to inflammatory pretrial publicity — including reports detailing the extreme anguish of their neighbors and repeated calls for Tsarnaev to be sentenced to death — I cannot say with any degree of certainty that the jurors did not possess a 'predilection toward that penalty.' "

"In sum," Torruella concluded, "the government cannot show that the jury that convicted Tsarnaev and recommended that he be put to death was impartial."

Source: npr.org, David Welna, July 31, 2020


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

Judge allows Tennessee death row inmates to include botched executions in lawsuit

NASHVILLE, Tenn. (WKRN) — Two failed executions in Tennessee are now at the center of a growing legal battle over the state’s lethal injection protocol after a judge ruled in favor of death row inmates Friday. A Davidson County judge ruled death row inmates can expand their lawsuit to include new allegations stemming from the botched executions of Tony Carruthers and Christa Pike. The original lawsuit, filed in March 2025, argues Tennessee’s death penalty protocol violates the constitutional rights of death row inmates with complex medical conditions. More than one year later, the state then failed to execute two inmates: Tony Carruthers and Christa Pike.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Alabama executes Michael Shannon Taylor

Alabama executes man convicted of 1991 double murder  The state of Alabama carried out the execution of 54-year-old Michael Shannon Taylor Thursday night for the 1991 murders of an elderly Etowah County couple, 35 years and 1 day after the crime.  Taylor, convicted in 1993 on 3 counts of capital murder, was sentenced to death unanimously by a jury for killing 83-year-old Ivan Ernest Moore and 79-year-old Lucille Moore inside their Gadsden home during a robbery. Taylor was 19 at the time. 

Newsom Commutes the Sentences of California’s 548 Death Row Inmates

Gov. Gavin Newsom, in one of his last acts, commuted the sentences of all prisoners with death sentences, calling capital punishment morally objectionable. That’s about 1/4 of death sentences nationwide.  Gov. Gavin Newsom of California moved to spare the lives of all 548 prisoners on the state’s death row on Thursday in the largest mass commutation of death sentences in modern American history.  Mr. Newsom said he made the decision because he finds capital punishment morally objectionable. He reduced every death sentence to life in prison without parole, a sweeping move that will require a review by the state’s highest court in some cases and could draw legal challenges.