But U. All three judges agreed that the death sentence should be tossed. In a concurring opinion, Judge Juan Torruella wrote that the case should never have been tried in Boston. President Donald Trump weighed in on the ruling during an address to supporters on the tarmac of Tampa International Airport.
Durkin Richer reported from West Harwich, Massachusetts. Sections U. Science Technology Business U. FILE - This file photo released April 19, , by the Federal Bureau of Investigation shows Dzhokhar Tsarnaev, convicted and sentenced to death for carrying out the April 15, , Boston Marathon bombing attack that killed three people and injured more than On Friday, July 31, , a federal appeals court overturned the Boston Marathon bomber's death sentence.
Three people, including an 8-year-old child, were killed and hundreds were wounded when two pressure-cooker bombs filled with metal shrapnel detonated near the crowded marathon finish line. Dzhokhar and Tamerlan Tsarnaev, both described as jihadists, fled the scene, kicking off a four-day manhunt during which Massachusetts Institute of Technology Police Officer Sean Collier was shot dead.
Tamerlan died in a gunfight with police in Watertown, Massachusetts. An injured Dhzokhar, who ran over his brother as he drove away in a stolen Mercedes, was found hours later hiding in a boat parked in a nearby backyard. A federal jury in Massachusetts convicted Tsarnaev, who was 19 at the time of the attack, on 30 counts and recommended the death penalty for six of them, including using weapons of mass destruction that killed people.
Court of Appeals for the First Circuit in July affirmed most of Tsarnaev's convictions but erased his capital sentences. It found that the lower court wrongly denied requests from Tsarnaev's attorneys to have prospective jurors asked about their media exposure to the facts of the case during the jury-selection process. The appeals court also ruled that the district court erred by excluding evidence related to a triple murder in Waltham, Massachusetts, on the year anniversary of the Sept.
Tamerlan had been implicated in those attacks by his friend Ibragim Todashev. He claimed to authorities that Tamerlan recruited him to rob three men, who were bound with duct tape before Tamerlan slit their throats.
The Justice Department under Donald Trump appealed against the decision. Tsarnaev and his elder brother Tamerlan, both Kyrgyz-American nationals of Chechen descent, planted bombs close to the finish line of the Boston Marathon on 15 April Tamerlan was killed in a shootout with police three days later. Dzhokhar Tsarnaev fled and was captured a day later, after being found hiding in a boat in the backyard of a house in Watertown, a suburb of Boston.
A jury sentenced Tsarnaev to death by lethal injection in , but this was overturned last year by an appeals court. The court said the trial judge had failed to exclude jurors who had already concluded that Tsarnaev was guilty. While Mr Trump supported executions during his time in office, President Joe Biden has said he will seek to end the death penalty.
In its petition, Justice Department lawyers called Tsarnaev's case "one of the most important terrorism prosecutions in our nation's history".
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