Skip to main content

Defense attorneys for Boston Marathon bomber Dzhokhar Tsarnaev seek recusal of judge overseeing case

BOSTON — Attorneys for Boston Marathon bomber Dzhokhar Tsarnaev are seeking to remove the judge overseeing the protracted legal battle over Tsarnaev's death sentence.

Tsarnaev's lawyers said during a hearing in federal court in Boston on Wednesday that U.S. District Court Judge George O’Toole should be recused from the case, pointing to what they said were comments O'Toole made about the case on podcasts and at public events during the appeals process.

Prosecutors said they are not opposed to a hearing on the issue, but they said they believe the motion is meritless.

O'Toole scheduled a hearing on the recusal request for next month. Tsarnaev was not in court.

“I want to dispose of that issue immediately, one way or another,” O’Toole said.

During the hearing, O'Toole also said all future filings connected to the case are to be done under seal to protect the integrity of the process.

O’Toole said he wanted to protect the privacy of two jurors as he tried to determine if they were biased during the 2015 trial. He ordered prosecutors and defense attorneys not to contact the jurors during the review. Both teams agreed to the condition.

“They are citizens, and they deserve to be respected,” O’Toole said.

A victim of the bombing, Mikey Borgard, attended Wednesday’s hearing.

Borgard said he was walking home from work on the day of the marathon when the bombs exploded. He suffered hearing loss and from post-traumatic stress disorder.

“I was 21 when the marathon happened. I’m 33 now. This has been a very, very long process and I really kind of wish it was over,” said Borgard, who wears hearing aides. Despite his injuries, Borgard said he opposes capital punishment.

“I very strongly oppose the death penalty, and that’s across the board. It does not matter who you are, I think the death penalty is inhumane,” he said. “That is essentially an eye for an eye, and that is very old way of looking at things."

A federal appeals court in March ordered O'Toole to investigate the defense’s claims of juror bias and to determine whether Tsarnaev's death sentence should stand following his conviction for his role in the bombing that killed three people and injured hundreds near the marathon’s finish line in 2013.

If O'Toole finds jurors should have been disqualified, he should vacate Tsarnaev’s sentence and hold a new penalty-phase trial to determine if Tsarnaev should be sentenced to death, the appeals court said.

In 2022, the U.S. Supreme Court reinstated the death sentence imposed on Tsarnaev after the 1st Circuit threw out the sentence in 2020. The circuit court found then that the trial judge did not sufficiently question jurors about their exposure to extensive news coverage of the bombing. The Supreme Court justices voted 6-3 in 2022 when they ruled that the 1st Circuit’s decision was wrong.

The 1st Circuit took another look at the case after Tsarnaev’s lawyers urged it to examine issues the Supreme Court didn’t consider. Among them was whether the trial judge wrongly forced the trial to be held in Boston and wrongly denied defense challenges to seating two jurors they say lied during questioning.

Tsarnaev’s guilt in the deaths of those killed in the bombing was not at issue in the appeal. Defense lawyers have argued that Tsarnaev had fallen under the influence of his older brother, Tamerlan, who died in a gun battle with police a few days after the April 15, 2013, bombing.

Tsarnaev was convicted of all 30 charges against him, including conspiracy and use of a weapon of mass destruction and the killing of Massachusetts Institute of Technology Police Officer Sean Collier during the Tsarnaev brothers’ getaway attempt.

Source: The Associated Press, Staff, August 22, 2024

_____________________________________________________________________








"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)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas | Death Row Inmate Gets Resentenced to Life

Harris County district judge recommends compassionate release for Clarence Jordan A 1977 convenience store robbery that resulted in a clerk’s death landed Clarence Jordan on Texas Death Row, where he remained for decades even though he was declared incompetent for execution. On Monday, a judge recommended that the disabled man be released.  Harris County District Court Judge Katherine Thomas resentenced Jordan to life with the possibility of parole and suggested that he be considered for the Texas Department of Criminal Justice’s Medically Recommended Intensive Supervision program, also known as compassionate release.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.