Skip to main content

Boston Marathon bomber’s appeal of death sentence marked by delays and secrecy

As the city marks the 12th anniversary of the Boston Marathon bombings, Dzhokhar Tsarnaev sits on federal death row for admittingly detonating bombs at the finish line that killed three people and injured more than 260 others. Yet, his fate remains uncertain after a decade of legal wrangling, as his lawyers continue to challenge his death sentence. 

The federal judge who presided over his 2015 trial was ordered by an appeals court in March 2024 to investigate defense claims that two jurors were biased and should have been stricken from the panel. If he finds they were, then Tsarnaev is entitled to a new trial over whether he should be sentenced to life in prison or death, according to the appeals court. 

That inquiry by US District Judge George A. O’Toole Jr. has been shrouded by secrecy. Last year, the judge ordered all filings submitted under seal, citing concerns about the jurors’ privacy and protecting the integrity of the high-stakes proceedings, though he later released some. And, recently, O’Toole denied a request to remove himself from the case by Tsarnaev’s lawyers, who argue that comments he made about the case on a podcast and at public events raise concerns about his impartiality. 

The defense has urged the US First Circuit of Appeals to overturn the judge’s refusal to step down.

Marc Fucarile, a Marathon bombing survivor who lost his leg in the 2013 blast, called the ongoing legal battle to overturn Tsarnaev’s death sentence “a disgrace for us victims.”

“The video evidence shows what he did — so why are we even talking about it 12 years later?” Fucarile, 46, of Reading, said during a telephone interview. “I think he needs to be put down to show that it’s not okay to kill innocent people. There has to be consequences.” 

Fucarile, who created a non-profit that supports the mobility impaired community and plans to be at the 2025 Boston Marathon cheering on eight runners who are raising money for his foundation, said it’s frustrating that “taxpayer dollars are going to defend a murderer,” while he fundraises for donations to help people. 

“I want him dead because the quicker he’s dead the less money we have to continuously spend on him,” Fucarile said. 

Other bombing victims had cited the likelihood that the case would drag out as their reason for supporting a life sentence for Tsarnaev if he were to waive his appeals. In a 2015 open letter to the Globe prior to Tsarnaev’s sentence, Bill and Denise Richard, whose 8-year-old son Martin was killed in the blasts, wrote that the pursuit of the death penalty “could bring years of appeals and prolong reliving the most painful day of our lives.”

 Attorney William Fick, who represents Tsarnaev, declined to comment. A spokesperson for the US Attorney’s office, which has opposed Tsarnaev’s efforts to overturn his sentence, also declined to comment. New York attorney George Kendall, who has handled hundreds of death penalty cases and followed Tsarnaev’s sentencing trial closely, said it can take decades to resolve legal issues in complex capital cases, and that “it’s not at all unusual” that Tsarnaev’s appeals are continuing to be addressed by the courts.

“I think most people understand that, because of the stakes involved, these cases have to be reviewed carefully,” Kendall said. “Most people would agree that if there are indications that two jurors were not candid during jury selection when their answers were given under oath, that’s a serious issue and that needs to be further explored.” 

Tsarnaev, 31, the son of Chechen immigrants who was raised in Cambridge, is being held at a federal supermax prison in Colorado. He admitted during his trial in federal court in Boston that on April 15, 2013, he placed a bomb in a backpack in front of the Forum restaurant on Boylston Street that killed Richard and Lingzi Lu, a 23-year-old Boston University graduate student from China. Tsarnaev was also found responsible for killing MIT police Officer Sean Collier days after the blast while he and his brother were on the run. 

Dzhokhar and Tamerlan Tsarnaev (right)
Evidence showed his older brother, Tamerlan Tsarnaev, placed the bomb a few blocks away that killed Krystle Campbell, 29, of Arlington. Tamerlan Tsarnaev, 26, later died in a firefight with police in Watertown. Boston Police Officer Dennis Simmonds, who suffered a head injury when Tamerlan Tsarnaev detonated an explosive device during a shootout in Watertown days after the bombings, died a year later from those injuries. 

The jury that heard Tsarnaev’s trial recommended death, rejecting claims that the then 19-year-old was not responsible because of the influence of his brother. In 2020, the US Court of Appeals for the First Circuit overturned Tsarnaev’s death sentence, ruling the trial judge failed to thoroughly question jurors about their exposure to publicity about the bombings and had unfairly excluded evidence that bolstered defense claims that Tsarnaev was controlled by his brother. Two years later, the US Supreme Court reinstated Tsarnaev’s death sentence, ruling that he received a fair trial.

Then, in March 2024, a panel of the First Circuit Court ruled 2-1 that O’Toole erred by denying a defense request to excuse two jurors during jury selection without thoroughly investigating claims that they lied about social media posts. 

O’Toole was ordered to investigate potential juror bias, and hold a new sentencing trial for Tsarnaev if he concludes that either of the jurors should have been stricken from the panel. During jury selection one juror said she had not commented about the case, but the defense found she had tweeted or retweeted 22 times about the bombings, including a retweet calling Tsarnaev a “piece of garbage,” according to court filings. 

Another juror said none of his Facebook friends had commented on the trial, yet one friend had urged him to “play the part” so he could get on the jury and send Tsarnaev “to jail where he will be taken care of.” 

The judge denied a defense request to question the two jurors about the online comments while jury selection was still underway. Now, the First Circuit is weighing the defense’s request to order O’Toole to remove himself from the case, which would require it to be randomly assigned to another judge. 

It’s also unclear what impact the Trump administration’s stance on the death penalty may have on Tsarnaev’s case. The Biden administration had imposed a moratorium on federal executions, but continued to support the government’s pursuit of the death sentence for Tsarnaev. Shortly after beginning his second term in January, Trump issued an executive order calling to “restore” the federal death penalty.

Historically, federal executions have been rare in the United States. Only 16 have been carried out since the reinstatement of the federal death penalty in 1988, according to the Death Penalty Information Center, a Washington, D.C., nonprofit that analyzes issues concerning capital punishment. 

Thirteen of those occurred in the final six months of President Trump’s first term. “We have a lot of enthusiasm being expressed by President Trump for the increased use of the death penalty,” said Robin M. Maher, executive director of the Death Penalty Information Center. But, she said, “it’s a little too soon” to tell how he plans to do that.

Source: bostonglobe.com, Shelley Murphy, April 17, 2025




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


Comments

Post a Comment

Offensive pro-DP comments will not be published.

Most viewed (Last 7 days)

Florida Set to Execute Man Who Said He Killed to Reach Death Row, Challenging Misconception that Death Penalty Deters Crime

Florida is scheduled to execute James Robertson at noon on Tuesday, October 13, at Florida State Prison. His execution remains scheduled despite the withdrawal of William Lee Thompson’s death warrant, which had called for a 2nd execution that evening. If completed, this will be Florida’s 17th execution of 2026. Floridians for Alternatives to the Death Penalty (FADP) and partners will be holding a series of vigils and demonstrations across the state. 

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time. 

Florida executes James Robertson

STARKE, Fla. — A Florida prisoner who said he killed his cellmate specifically to get on death row was executed Tuesday, nearly 18 years after the attack. James Robertson, 63, declined to offer any last words before receiving a three-drug injection and was pronounced dead about 10 minutes later. It was a stark contrast to the failed execution of Christa Pike in Tennessee two weeks ago, where she was rushed to the hospital after surviving two lethal doses of pentobarbital.

USA | Firing squad execution to be livestreamed, Pentagon says

The public will be able to watch the execution of a former US Army major by firing squad, US Defence Secretary Pete Hegseth has said. A Defense Department official told the BBC the execution of Nidal Hasan, who shot dead 13 unarmed US soldiers at Fort Hood in 2009, would be livestreamed. It is believed it would be the first public execution in the US in almost a century. The decision to livestream it is "unprecedented in the modern era" and "on uncertain legal terrain", said John Mills, a lawyer who works with inmates sentenced to death.

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

What Tennessee wants to do next to Christa Pike is beyond grim

Christa Pike, the woman who survived two execution attempts in Tennessee earlier this week, remains hospitalized in critical condition, where presumably medical staff is at work trying to keep her alive.  If she wakes from the coma she had entered, Tennessee officials want to start anew to inject lethal drugs into her seemingly too-small veins to kill her and carry out the state death warrant. Pike also is being treated for “significant injuries to both arms” sustained when two lethal injections of pentobarbital failed to kill her. If she dies, there will be no need to try again.  As we know by now, Tennessee tried to put Pike to death Wednesday night by lethal injection for a murder she committed when she was 18. She would have been the first woman executed in the state in 200 years. 

Tennessee | Republicans legislature to investigate other execution methods after failed lethal injections

Republican leaders in Tennessee’s legislature say they will investigate the reliability of lethal injection as an execution method after the state failed to execute two death row inmates in the span of five months. Gov. Bill Lee stopped the May execution of Tony Carruthers after a physician unsuccessfully attempted to insert intravenous lines to begin the lethal injection process for over an hour. Death row inmate Christa Pike survived two failed rounds of Tennessee’s lethal injection protocol on Sept. 30 before the execution was halted. Pike, who was sentenced to death for the 1995 murder of Colleen Slemmer, is receiving medical care in a Nashville hospital. 

Buffalo Tops shooter files last-minute bid to avoid death penalty

Payton Gendron, who is already serving life without parole for killing 10 Black people in a racist mass shooting at a Buffalo supermarket in 2022, is asking a federal judge to throw out the case that could send him to death row. Defense attorneys filed the motion Monday — a day before jury selection was scheduled to begin — seeking to dismiss Gendron’s federal indictment. They argued that Black residents are underrepresented in the jury pool for New York’s Western District, according to WIVB and WKBW.

Tennessee | Christa Pike’s lawyer says she has not regained consciousness since her failed execution

Christa Pike has remained unconscious and on a ventilator at a hospital in the four days since her failed execution in Tennessee, and her prognosis might not be known for days more, one of her lawyers said Sunday. Little has been released about Pike’s condition since Wednesday night’s execution attempt. She has since remained hospitalized under guard as doctors try to get the massive dose of the barbiturate pentobarbital out of her system. When asked whether she ever regained consciousness after the execution attempt, Assistant Federal Defender Stephen Ferrell, Pike’s lawyer, said on CNN’s “State of the Union”: “Not that I am aware of.”