No charges have been brought in the Waltham killings. The district court was mistaken to omit that evidence from Dhzokhar's trial, his lawyers said, "because it showed Tamerlan's planning of extreme violence and his ability to influence others to join him in those acts.
Skip Navigation. Key Points. The Supreme Court heard arguments over whether the death sentence should be reinstated for Dzhokhar Tsarnaev, who was convicted of carrying out the deadly Boston Marathon bombing. The Biden administration is asking the justices to reverse an appeals court's decision to vacate the death penalty for Tsarnaev.
Dzhokhar Tsarnaev is pictured in this handout photo presented as evidence by the U. Attorney's Office in Boston, Massachusetts on March 23, Liberal Justice Elena Kagan said Tsarnaev's lawyers are desperate to introduce mitigating evidence showing their client was in thrall to his brother. O'Toole allowed some evidence about the brothers' relationship, but stopped short of "evidence of a gruesome, murderous crime" that would illustrate the "extraordinary influence" of the older brother over other people, Kagan added.
Chief Justice John Roberts was the only one of the court's conservatives who indicated he potentially could side with Tsarnaev on the Waltham murders issue. Roberts said it should be easier to admit evidence during a proceeding that would determine whether someone is sentenced to death than for other reasons.
The 1st Circuit also found that O'Toole "fell short" in screening jurors for potential bias following pervasive news coverage of the bombings.
There was little discussion of that issue during Wednesday's argument. Tsarnaev's lawyers have said O'Toole's decisions deprived him of his constitutional right to a fair trial and violated a U. Asked by conservative Justice Amy Coney Barrett what the government's "end game" is regarding Tsarnaev's execution in light of Garland's moratorium, Deputy Solicitor General Eric Feigin said the Biden administration believes the jury reached a "sound verdict and that the court of appeals was wrong to upset that verdict.
He is incarcerated at the "Supermax" federal prison in Florence, Colorado. The Justice Department launched its appeal during Republican former President Donald Trump's administration and continued it after Democrat Joe Biden took office even though Biden opposes the federal government's use of the death penalty.
Opposition to the death penalty, as shown in opinion polls, has increased in the United States, while its use has declined. Liberal-leaning Massachusetts is among the growing number of U.
Polls in and found a majority of Boston voters favored a life sentence for Tsarnaev. This year's marathon is being run on Monday, two days before the Supreme Court's arguments. Even during his trial, victims disagreed about Tsarnaev's punishment. Bill and Denise Richard, Martin's parents, in a open letter published in the Boston Globe newspaper urged prosecutors not to pursue the death penalty, saying it would prompt years of appeals and "prolong reliving the most painful day of our lives.
Justice Brett Kavanaugh said he viewed a district court judge as having a "gatekeeping role" to keep out unsubstantiated evidence, and Justice Amy Coney Barrett noted that rules allow information to be excluded if it is "misleading. But liberal justice Elena Kagan said that the evidence was the kind that should be admitted, especially because it was so central to Tsarnaev's case.
She wondered if it didn't represent a "classic case" of evidence that might be "highly relevant. She said the jury should have been able to consider it during its own deliberations -- "that's what a jury is supposed to do. It is unclear whether, even if Tsarnaev's death penalty is reinstated, he would actually be put to death. In July, Attorney General Merrick Garland imposed a moratorium on federal executions while the Justice Department reviews policies and procedures.
Barrett brought up that question in court asking: "What is the government's end game here? Over the years, survivors and family members have split on whether Tsarnaev should get the death penalty. Jennifer Kauffman said she was watching the race when the first bomb detonated and she suffered hearing loss, heart arrhythmia, internal bruising and swelling.
She said she is against allowing another penalty phase to proceed. I only hope we can do so from a place of compassion, kindness and respect for one another. In a statement to CNN, Mikey Borgard, another survivor, said he thought the lower court was right to overturn the death penalty. He also called the death penalty "barbaric. But Helen Zhao, the aunt of victim Lingzi Lu , said the court "should not have overturned the verdict.
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