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Dzhokhar Tsarnaev’s lawyers want his death sentence tossed. Here’s what they’re arguing.
Boston.com ^ | 12/27/2018 | ALANNA DURKIN RICHER

Posted on 12/28/2018 7:23:50 AM PST by Bloody Sam Roberts

BOSTON (AP) — Boston Marathon bomber Dzhokhar Tsarnaev’s convictions or death sentence should be tossed because it was impossible for him to get a fair trial in the same city where the shrapnel-packed, pressure cooker bombs exploded, his lawyers told a federal appeals court on Thursday.

In a 500-page brief filed in the 1st U.S. District Court of Appeals, Tsarnaev’s legal team outlined a host of other problems with his 2015 trial, during which the defense admitted from the outset that he and his older brother carried out the attack. His appellate lawyers are also pointing to issues with jurors, certain testimony from surviving victims and the defense’s inability to tell jurors about links between Tsarnaev’s brother and an unsolved triple killing in 2011.

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His lawyers argue the trial court judge’s “first fundamental error” was denying the defense’s repeated requests to move the case out of a city that was “traumatized by the bombings, ordered to shelter in place during the manhunt, saturated by prejudicial publicity and united in the Boston Strong movement.”

“This case should not have been tried in Boston,” the attorneys wrote.

(Excerpt) Read more at boston.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; News/Current Events
KEYWORDS: bombing; boston; marathon; tsarnaev
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To: Bloody Sam Roberts

I thought they waxed that punk a long time ago.


21 posted on 12/28/2018 7:50:37 AM PST by central_va (I won't be reconstructed and I do not give a damn)
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To: thoughtomator

The fact that he admitted involvement, is meaningless, in your opinion?


22 posted on 12/28/2018 7:50:46 AM PST by Dilbert San Diego
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To: Bloody Sam Roberts

A 500 page brief. Who is paying for his lawyers?


23 posted on 12/28/2018 7:51:31 AM PST by Fresh Wind (Fox News: "We distort, you deride")
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To: thoughtomator

So you are saying law enforcement was incompetent as they identified these brothers are suspects, that they got the wrong guys?


24 posted on 12/28/2018 7:52:26 AM PST by Dilbert San Diego
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To: Bloody Sam Roberts

I’m sure some of his victims and their families would like their death sentences - that he helped administer - overturned as well.


25 posted on 12/28/2018 7:53:07 AM PST by reed13k (For evil to triumph it is only necessary that good men do nothing)
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To: thoughtomator

You need to go back and read the accounts by witnesses and surveillance footage and photos — plus.. again.. the defense itself admitted to it. Not sure why you’re not understanding that part.


26 posted on 12/28/2018 7:53:41 AM PST by ScottinVA (The most urgent gathering threat to America: the Democrat Party.)
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To: Bloody Sam Roberts

He murdered innocents out of hate, and is still alive. Obviously we have no respect for life in this country. The POS should have been exterminated within 30 days of his murders.


27 posted on 12/28/2018 7:56:08 AM PST by I want the USA back (There are two sexes: male (pronoun HE), and female (pronoun SHE). Denial of this is insanity.)
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To: Dilbert San Diego

> The fact that he admitted involvement

The fact is that he did not so admit. Go ahead and try to find his alleged admission. Didn’t happen.


28 posted on 12/28/2018 7:56:53 AM PST by thoughtomator (Nobody is coming to save the day)
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To: TheZMan
Release him on the streets of Boston. Just announce it’s happening an hour or two ahead of time.

Fitting... Speed Bump II, the sequel.

29 posted on 12/28/2018 7:58:28 AM PST by C210N (Republicans sign check fronts; 'Rats sign check backs.)
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To: ScottinVA

I went through that stuff endlessly at the time. The surveillance photos acquit both the Tsarnev brothers - the backpacks they carried were not the same.

100% of what you believe about the Tsarnevs comes from James Comey’s FBI. Check it - I did. It all circles back to Comey.


30 posted on 12/28/2018 7:59:16 AM PST by thoughtomator (Nobody is coming to save the day)
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To: thoughtomator

Whether he himself admitted the act is immaterial. What DO matter are the truckloads of evidence and witness statements against him. This, from the story covering the jury trial:

“Prosecutors called 92 witnesses over 15 days, including double amputees and the 8-year-old boy’s father. They presented a trove of more than 4,000 hours of surveillance footage that left little doubt about the Tsarnaevs’ culpability, not only in the marathon bombings but also in the murder of MIT officer Sean Collier.”

So.. all those 92 witnesses and that video footage is all bunk, eh?


31 posted on 12/28/2018 8:02:27 AM PST by ScottinVA (The most urgent gathering threat to America: the Democrat Party.)
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To: Bloody Sam Roberts

This is ridiculous. So you should never be tried in the jurisdiction in which the alleged crime you committed occurred?


32 posted on 12/28/2018 8:03:12 AM PST by neverevergiveup
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To: thoughtomator

The jury saw far more than you’ll ever see.

Ah, well.. believe what you will.


33 posted on 12/28/2018 8:03:14 AM PST by ScottinVA (The most urgent gathering threat to America: the Democrat Party.)
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To: Bloody Sam Roberts
“traumatized by the bombings, ordered to shelter in place during the manhunt, saturated by prejudicial publicity and united in the Boston Strong movement.”

So, they're saying that because the crime was so vicious, and the news reported it as being horrific, it was unfair to the guy who committed the crime. That is some twisted logic.

34 posted on 12/28/2018 8:03:55 AM PST by Repealthe17thAmendment
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To: Bloody Sam Roberts

Tough.

Get rid of all changes of venues.

and appeals.

and carry out all sentences in minutes.


35 posted on 12/28/2018 8:09:05 AM PST by RedStateRocker
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To: ScottinVA

> The jury saw far more than you’ll ever see.

https://www.justice.gov/usao-ma/tsarnaev-trial-exhibits

Go ahead and look for yourself. You’ll find nothing presented in public convicts him.


36 posted on 12/28/2018 8:09:34 AM PST by thoughtomator (Nobody is coming to save the day)
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To: thoughtomator

https://www.cbsnews.com/news/boston-marathon-bomber-dzhokhar-tsarnaev-breaks-his-silence-at-death-sentence-hearing/

https://www.cbsnews.com/news/boston-bombings-suspect-dzhokhar-tsarnaev-left-note-in-boat-he-hid-in-sources-say/

https://www.boston.com/news/local-news/2015/03/10/heres-the-note-dzhokhar-tsarnaev-wrote-inside-the-boat-where-he-was-captured


37 posted on 12/28/2018 8:12:10 AM PST by Fresh Wind (Fox News: "We distort, you deride")
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To: Bloody Sam Roberts

If they’re losing their nerve I’ll do it. My wife has a friend who is a marathon runner (more than a little obsessive about it - but that’s another story). Wife’s friend was there that day, running. Damn-near got taken out by the finish line bomb. People running near her got a few minor injuries, wife’s friend was just lucky enough to be missed. But from what she’s told us, and I’ve heard 2nd hand through my wife... I’d have no problem taking out that POS without a moments hesitation and no regrets.


38 posted on 12/28/2018 8:15:06 AM PST by ThunderSleeps ( Be ready!)
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To: Bloody Sam Roberts

Massachusetts isn’t going to execute anyone, so why waste the effort of converting his death sentence to life? The last executions in Massachusetts were gangsters Philip Bellino and Edward Gertson on May 9, 1947, for the murder of Robert Williams, a former U.S. Marine.


39 posted on 12/28/2018 8:15:45 AM PST by Garvin (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.)
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To: thoughtomator

The fact is that he did not so admit. Go ahead and try to find his alleged admission. Didn’t happen.


Then again, he was convicted.

What’s your overall point here. Is it that you perceive law enforcement framed him? Is it that you perceive his attorneys gave him bad legal advice? Do you perceive that proper legal procedures were not followed, so this man is a victim? What is your overall point?


40 posted on 12/28/2018 8:15:56 AM PST by Dilbert San Diego
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