Skip to main content

The Surviving Boston Marathon Bomber's Death Sentence Could Be Overturned Again

Dzhokhar Tsarnaev is currently incarcerated at the so-called “Alcatraz of the Rockies.”

A decade after the fatal 2013 Boston Marathon bombing, a new Netflix true-crime docuseries is revisiting the unprecedented investigation and pursuit of the two home-grown terrorists that paralyzed the New England city. American Manhunt: The Boston Marathon Bombing centers on the tense, terrifying days that followed the April 15, 2013 tragedy, culminating with the death of Tamerlan Tsarnaev and the arrest of his then-19-year-old brother, Dzhokhar Tsarnaev.

The Tsarnaev brothers planted and detonated two homemade pressure-cooker bombs near the marathon’s finish line, killing three and wounding hundreds. Following his arrest days later, Dzhokhar was indicted for 30 crimes, including 17 capital offenses. In 2015, a jury found Dzhokhar guilty of all 30 charges, including conspiracy and use of a weapon of mass destruction and the killing of a Massachusetts Institute of Technology police officer. Though Dzhokhar’s attorneys argued that he should be spared a capital sentence because Tamerlan radicalized him and was the attack's mastermind, the jury ultimately decided that six of his crimes warranted the death penalty.

However, the Boston-based 1st U.S. Circuit Court of Appeals overturned Dzhokhar’s death sentence in 2020 and ordered a new penalty-phase trial to decide whether he should be executed. Per the Associated Press, the panel found that Dzhokhar’s right to a fair trial under the U.S. Constitution's Sixth Amendment had been violated, citing the trial judge not sufficiently questioning jurors about their exposure to news coverage of the bombing and that Dzhokhar’s lawyers had been wrongly barred from presenting certain evidence. However, the U.S. Supreme Court reversed the 1st Circuit’s ruling and reinstated Dzhokhar’s death sentence in March 2022.

Despite Attorney General Merrick Garland’s July 2021 moratorium on federal executions, the Justice Department has continued to defend Dzhokhar’s capital sentence. Meanwhile, the convicted bomber has continued his appeal. In January 2023, Dzhokhar’s lawyers challenged issues that the Supreme Court did not consider in its ruling, including the trial judge’s treatment of two jurors who they claim lied during the selection process. One juror who said she had not commented about the case online had allegedly retweeted a post calling Dzhokhar a “piece of garbage,” while another jury member’s social media showed a friend had urged him to “play the part” so he could get on the jury and send Dzhokhar to “jail where he will be taken of.”

As the sentencing appeals process plays out, Dzhokhar is incarcerated at Colorado’s USP Florence ADMAX (ADX), aka the Alcatraz of the Rockies. During his time at the maximum security facility, Dzhokhar, who was 29 years old as of April 2023, tried to sue the federal government for $250,000, alleging that his treatment had been “unlawful, unreasonable and discriminatory” and as contributing to his “mental and physical decline,” citing the confiscation of a white baseball cap and bandana that he bought at the prison commissary and a limit of three showers per week. He reportedly also challenged special administrative measures that prohibit him from sending photos and hobby craft items through the mail.

Though Dzhokhar’s attempts to appeal his death sentence remain ongoing, several judges reportedly signaled agreement with his attorney’s argument about the jurors’ alleged bias. Retired federal judge Nancy Gertner told Boston’s WBUR radio station in January 2023 that Dzhokhar’s team has a “very good” case. “The system doesn’t work if people are not candid with the court,” Gertner explained, noting that “a key in this case was the judge could have done something about it.”

Source: bustle.com, Brad Witter, April 12, 2023


_____________________________________________________________________




_____________________________________________________________________


FOLLOW US ON:


TELEGRAM


TWITTER







HELP US KEEP THIS BLOG UP & RUNNING!



"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)

Cartoons about Capital Punishment

  More cartoons about capital punishment HERE

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Japan executes man convicted of killing five in 2009 Osaka pachinko parlor arson

Japan on Friday announced the execution of a man convicted of killing five people after setting fire to an Osaka pachinko parlor in 2009, the first execution by Prime Minister Sanae Takaichi 's government as the country faces growing calls for more transparency and the abolition of capital punishment. The Justice Ministry said Sunao Takami, 58, was hanged to death earlier Friday. Takami in 2009 set fire to the crowded pachinko parlor in Osaka by spreading gasoline and throwing a lit match, engulfing the building, killing five and injuring 10 others, Justice Minister Hiroshi Hiraguchi said.

Spared execution eight times, oldest inmate in US dies at 101 after 76 years behind bars

Francis Clifford Smith was given his last meal eight times. But after being spared execution each time, he went on to be regarded as the longest-serving prisoner in the US before dying in June at 101 years old. Convicted of murder in 1950 when he was 25, he always maintained his innocence, those who knew him told the BBC. Andrius Banevicius, the public information officer for Connecticut's Department of Correction, recounted how Smith used to feed the birds while in Osborn Prison, earning him the nickname The Birdman of Osborn.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.

Israel builds execution chamber for Palestinians convicted of murder

In March, the Knesset approved legislation that calls for the execution of Palestinians convicted by a military court of killing Israelis Israeli authorities are preparing a prison wing—replete with an execution chamber—designated specifically for Palestinian prisoners convicted of murder, Israel’s i24NEWS channel reported Tuesday. The move comes after the Knesset (Israel’s parliament) approved legislation in March that calls for the execution of Palestinian prisoners convicted by a military court of murdering Israelis.

Florida executes William Frances Silvia

Florida executed its 13th death row prisoner of the year Tuesday evening amid the state’s aggressive use of the death penalty championed by Governor Ron DeSantis. William Frances Silvia, 61, who was convicted of fatally shooting his estranged wife and injuring his mother-in-law in 2006, was pronounced dead at 6:11 p.m. after receiving the lethal three-drug injection at Florida State Prison.  At 6 p.m. Tuesday, Silvia was already strapped to a gurney with an IV in his arm when the curtain to the death chamber went up.  He remained relatively motionless with his eyes and mouth open throughout most of the execution while a priest sat at his feet and prayed.

Alabama is trying a death penalty bait-and-switch

For a decade, Alabama death row inmate Jeffrey Lee has been clear that he does not want to be executed by lethal injection . But that is what awaits him on September 17 . He faces that prospect because the state has been enjoined from using nitrogen hypoxia , the alternative execution method he preferred, to put him to death. Having failed to show that its nitrogen hypoxia protocol is constitutionally acceptable, Alabama wants a do-over to force Lee to die by lethal injection as a result of its own failure. It should not get one. Alabama should only be able to put Lee to death if it can fix nitrogen hypoxia’s constitutional defects.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Israel’s Ben-Gvir posts video of gallows site for hanging Palestinian terrorists

Israel’s national security minister, Itamar Ben-Gvir, has posted a video of the construction of a gallows complex where Palestinians convicted of terror offenses will be hanged. Ben-Givr said the new execution site would be equipped with viewing booths for families of victims to watch the hangings. He posted the video on social media of a visit he had made to the unidentified location, where he can be seen pointing at foundations being laid and saying it was where “terrorists will be executed." Photographs in the Israeli media showed a bulldozer and heavy construction work in a cordoned-off area, reportedly close to a prison.