Federal Prosecutors Seek Supreme Court Review of Appeals Decision Overturning Death Sentence in Boston Marathon Bombing

Federal prosecutors have filed a petition in the U.S. Supreme Court asking the Court to review a federal appeals court ruling that overturned the death sentence imposed on Dzhokhar Tsarnaev in the 2013 Boston Marathon bombing.

On October 6, 2020, the U.S. Department of Justice filed a petition for writ of certiorari challenging the July 31 ruling of the U.S. Court of Appeals for the First Circuit that Tsarnaev’s right to an impartial jury had been denied when the trial judge failed to question nine of the 12 impaneled jurors on the content of their exposure to the extensive pretrial publicity about the case.

Prosecutors also challenged the appeals court’s decision that the trial court improperly excluded mitigating evidence relating to his brother Tamerlan’s involvement in a prior triple murder that would have supported Dzhokar Tsarnaev’s argument that Tamerlan was more culpable and that Dzhokhar was acting under the dominating influence of his older brother.

In August, Attorney General William Barr vowed to “do whatever’s necessary” to return Tsarnaev to the federal government’s death row. “We will take it up to the Supreme Court and we will continue to pursue the death penalty,” he said at that time.

In asking the Court to review and overturn the judgment of the First Circuit, federal prosecutors stressed the circumstances of the offense and the logistical consequences of having to retry the case. The petition states: “To reinstate the sentences that the jury and the district court found appropriate for respondent’s heinous acts, the government will have to retry the penalty phase of the case; the court will have to conduct (and prospective jurors will have to undergo) a voir dire that will presumably be much longer and more onerous than the original 21-day proceeding; and the victims will have to once again take the stand to describe the horrors that respondent inflicted on them.”

The prosecutors characterized the appeals court ruling as requiring that “a district court must always grant counsel’s request to ask every prospective juror in a ‘high profile case’ what they had ‘read and heard about the case,’” and called the appeals court’s rule “rigid” and “inflexible.” In its decision, the circuit court noted that the government had initially requested that the trial judge inquire into the substance of jurors’ exposure to publicity and that the trial court had planned to ask those questions until prosecutors changed their mind.

After the jury was impaneled, defense counsel learned that two of the jurors, including the one that eventually became foreman, had published several social media posts about Tsarnaev following the bombing. One juror tweeted that Tsarnaev was a piece of garbage and on the day of the sentencing changed her Facebook profile picture to an image that said ‘Boston strong.’

Federal prosecutors also argued that the trial court properly excluded evidence of Tamerlan’s lead role in a triple murder on the tenth anniversary of the 9-11 attacks. Such evidence, they said would “sidetrack the penalty-phase proceeding in this case by inviting the jurors to solve a different crime” and “had no significant probative value” on the extent and circumstances of Dzhokhar Tsarnaev’s involvement in the marathon bombing. In any event, the prosecutors said, any error in excluding the evidence was “harmless.”

Source: deathpenaltyinfo.org, Staff, October 13, 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

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.

Two Executions In Six Hours: Florida Set For Historical Double Execution Tuesday

Florida is preparing to execute two death row inmates on Tuesday, July 28, in an action that would mark the state’s first double execution in more than 60 years. Former police officer James Duckett, 68, is scheduled to die by lethal injection at 12 p.m., followed six hours later by 80-year-old Dominick Occhicone at 6 p.m. If carried out, these will mark the 39th and 40th executions under Gov. Ron DeSantis and the 11th and 12th in the state since the beginning of 2026. In response, Floridians for Alternatives to the Death Penalty (FADP) has launched petition and letter-writing efforts asking DeSantis to halt both procedures. The group has organized two public vigils outside Florida State Prison in Raiford, set for 11 a.m. and 5 p.m., contingent on whether stays are issued.

Florida executes Dominick Occhicone

Florida executes 2 men in a day. Republican Gov. Ron DeSantis has made Florida's death chamber the nation’s busiest at the end of his final term. STARKE, Fla. — Florida on Tuesday became the first state in nearly a decade to carry out two executions in a single day, the last an 80-year-old man who was the second-oldest inmate known to receive a lethal injection in modern U.S. history. Hours earlier, the state executed a former police officer convicted of killing a young girl.

Florida executes James Duckett

Double execution: 1st of 2 inmates is put to death in Florida Florida has executed James Duckett, a 68-year-old former cop convicted of killing an 11-year-old girl in 1987. The state is set to execute an 80-year-old man 6 hours later for a 1986 murder. Florida carried out the 1st double execution in more than 60 years, executing former police officer James Duckett and later scheduling the execution of 80‑year‑old Dominick Occhicone, amid Governor Ron DeSantis’s aggressive push to increase death penalties in the state. Florida has put to death the 1st of 2 inmates in the state's 1st double execution in more than 60 years amid an aggressive death penalty push by Gov. Ron DeSantis.

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

Florida | 49 years on death row, killer of Bonita Springs teen learns death date

A Fort Myers man on death row for nearly five decades learned his execution date as Gov. Ron DeSantis signed his order Thursday, July 30. Harold Gene Lucas, then 24, shot and killed his 16-year-old girlfriend, Anthia Jill Piper in Bonita Springs on August 14, 1976. Lucas was 24 when he was charged in Piper's shooting death at her parents' home on Aug. 14, 1976. The execution is set for Sept. 1 in a state that has accelerated its pace under DeSantis the past two years, with a record of 19 executions in 2025. Piper was shot seven times by Lucas, who claimed to be intoxicated.

USA | What happens in the final weeks before an execution? These reporters were inside the room.

The journalists behind ‘The Last 12 Weeks’ earned extraordinary access to a death penalty defense team—and faced difficult ethical choices Many defense lawyers are naturally cagey. They work in a pressure cooker, protecting their clients’ rights while fighting for the best possible outcome. And arguably, the stakes can’t get any higher than trying to save a client’s life. So no, defense lawyers don’t usually invite journalists into strategy meetings. But that’s what happened when Marshall Project reporter Maurice Chammah and Serial Productions senior producer Alvin Melathe spent the final few months before a Texas execution embedded with a capital defense team.

Iran erects iron gallows in Isfahan protest square

An iron gallows has been erected in an Isfahan square where protests erupted in January. Families of several of the 10 remaining prisoners sentenced to death have been summoned for farewell visits. An iron gallows erected in Ali-Khani Square in the central Iranian city of Isfahan has raised fears that the regime is preparing to publicly execute protesters arrested during nationwide demonstrations in January. Sources who spoke with Iran International said large numbers of security forces had been deployed in the area, while the families of several prisoners sentenced to death had been summoned to the prison for farewell visits.

19 July 1943 | Auschwitz's Largest Public Hanging: 12 Polish Prisoners Executed in Escape Reprisal

OSWIECIM, Poland — The SS carried out the largest public hanging in Auschwitz history on July 19, 1943, executing 12 Polish prisoners before other inmates as collective punishment for escapes and civilian contacts. The victims, all from the camp’s surveyors’ labor unit, were hanged on gallows built in front of the camp kitchen during an Auschwitz I roll call. The SS orchestrated this reprisal following prisoner escapes from the surveyors’ detail and unauthorized communication between inmates and civilians. Camp authorities used the recent escapes as a pretext to impose collective punishment.

Former Florida cop to be executed on same day as 80-year-old Pasco man

In an unprecedented move in the modern history of capital punishment, Gov. Ron DeSantis on Tuesday cleared the way for 2 executions to occur on the same day. DeSantis reset the execution of James Duckett, whose execution earlier this year was stayed amid efforts to secure DNA testing and analysis of evidence in his case. Duckett’s execution was reset for July 28. That is the same day previously set for the execution of Dominick Occhicone. Court records indicate that Duckett’s execution is scheduled for noon. Occhicone’s is set to follow at 6 p.m.

Death Penalty News

Search This Blog