Boston Marathon bomber's death sentence vacated--for now

The victims he murdered

A federal appeals court has vacated the death sentence for the jihadi Boston Marathon bomber, Dzhokhar Tsarnaev, who killed three people at the event and also a police officer in his escape attempt. An additional 260 others were injured, some had lost limbs and others with different life altering injuries.

The reason for the vacate order was based on the opinion of the judge who said the jury was not properly vetted with regard to possible bias stemming from the pretrial media publicity.

Showing video of the blast, people screaming as they ran from where the Tsarnaev brothers placed the bomb behind an unsuspecting 8-year-old boy who was one of the dead, seeing the blood and loss of limbs, may have swayed the jury into thinking these guys are evil pieces of excrement, and somehow, to the judge, that wasn't fair, even though Dzhokhar admitted his guilt.

 The three-judge panel wrote:

"A core promise of our criminal-justice system is that even the very worst among us deserves to be fairly tried and lawfully punished — a point forcefully made by the then-U.S. Attorney for Massachusetts during a presser at the trial's end. 

"To help make that promise a reality, decisions long on our books say that a judge handling a case involving prejudicial pretrial publicity must elicit 'the kind and degree' of each prospective juror's 'exposure to the case or the parties,' if asked by counsel, see Patriarca v. United States, 402 F.2d 314, 318 (1st Cir. 1968) — only then can the judge reliably assess whether a potential juror can ignore that publicity, as the law requires. But despite a diligent effort, the judge here did not meet the standard set by Patriarca and its successors.”

Tsarnaev was convicted and sentenced to death in 2015 for carrying out the April 15, 2013 attack at the Boston Marathon finish line, where the most spectators would be gathered and therefore rack up the most carnage for him and his older brother Tamerlan Tsarnaev.

He's laughing at the court system now

Tamerlan, however,  was shot and killed by police after being caught in the manhunt.

The jihadi's lawyers had been trying to overturn the death sentence, saying it was not possible to find a jury in Boston that would be fair due to the fact that this POS killed and maimed so many people in the area.

Two of the three judges who issued the vacate decision were Obama appointees, and one was a Reagan pick who dissented in part.

Sadly, it takes a long time before the state can carry out death sentences imposed on murderers such as Tsarnaev. During the interim, Tsarnaev was put on the cover of Rolling Stone magazine and all the little girls went crazy for the dreamboat scumbag.

Many of the charges Tsarnaev was convicted on were upheld by the appeals court, but on those death-eligible counts, the court ordered a new penalty-phase trial. So Tsarnaev could again be sentenced to death, but the government must first decide whether it wants to pursue capital punishment, which would be justice served.

The Justice Department now has the option of asking the entire “en banc” appeals court in Boston to hear the appeal or the DOJ could ask the Supreme Court to review the case.


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