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.


Consider following Brain Flushings, it's free and worth every penny. And remember, every time you click on an ad, an angel gets its wings and a liberal sheds a tear.





Tweet

Jihadi John's Work Ethic

It looks like Mohammed Emwazi was never going to need the help of the US State Department to land a job. Emwazi, aka Jihadi John, had worked for a Kuwaiti IT company and was a kick-butt salesman, The Guardian reports. 

Like many serial killing crazies whose neighbors say things like: "Gee, he was so quiet and polite, I never figured he'd kill all the neighbors on the opposite side of the street," his former boss said that he was quiet and withdrawn, but had a natural gift for his work. In fact, the boss gushed with praise, "He was the best employee we ever had." He also said, 'He was very good with people. Calm and decent. He came to our door and gave us his CV."

The staff was surprised that someone from London would want to work in Kuwait as many of his peers looked to do the opposite.

"How could someone as calm and quiet as him become like the man who we saw on the news? It's just not logical that he could be this guy."

Yeah, right. 

Like Osama bin Laden was a raving lunatic? It wasn't as if you could tell by looking at Osama that he was the evil mastermind behind the terrorist attacks that killed so many Americans. 

Actually, if you have ever seen photos of Osama, you might have noticed his faraway stare and gentle smile. He was looking into his mind's eye and seeing Allah, or perhaps Muhammed making love to Aisha when she was 9. He wasn't angry, he was religiously driven to kill us via jihad.

Emzawi is doing the same--he is simply carrying out his religious obligation to commit jihad in the name of Islam. It isn't personal, it's just Islam, and that is why he can be polite and calm. Cutting off the head of infidels is just his way of getting into Jannah, (or Paradise).

So now we know Mohammed Emzawi is just an ordinary guy with a computer background, a sharp knife, and dark eyes. 

It's just a matter of time until some idiot young woman whose letters went unanswered by DzhokharTsarnaev, will develop a terror-crush on Emzawi. Perhaps she will hope and wait until he is captured so she can try her luck once more. Hopefully, that will happen soon and we can get information from yet another Mohammed.

But first, Rolling Stone Magazine will need to put a Photoshopped picture of him on their cover so they can glorify this piece of work.

Tweet

Terrorist One: Cover Him Over 'fore he Stinks, Boys

We have a dead terrorist laid out on a slab in a funeral home. No cemetery in the Greater Boston area wants to allow him to be buried on their property, so the rotting dead guy has no place to go. His name was Tamerlan Tsarnaev, better known as terrorist number one--I didn't want to use his name because he doesn't deserve the notoriety, but for clarity sake, I felt it is necessary.

Not to be mistaken for Miss America

His family has not claimed him, but his terrorist-loving jihadist mother would like his carcass to be returned to Russia at taxpayer's expense. She will not be coming here to retrieve her son because she would likely be arrested for the crime of shoplifting. Terrorist number one's father is mute on the subject, except to say he's too ill to make the trip here, and number one's uncle would like him to be buried in the Boston area. Fat chance.

I may have a solution to the problem. Tell me what you think of the idea if you would. How about we give him the same honor we gave to Osama bin Laden? We can swaddle the body in clean white linens, transport him via Navy vessel to the mid-Atlantic, have an imam say a Muslim prayer; perhaps he can say the al-Fahtihah:

In the name of God, the Entirely Merciful, the Especially Merciful.
All praise and thanks is for to God, [The] Creator, Owner, Sustainer of the Worlds.
The Entirely Merciful, The Especially Merciful.
Owner of the Day of Recompense.
You alone do we worship and You alone we seek for help.
Guide us to the Straight Path.
The path of those whom Your blessings are upon, not of those who You have cursed nor of those who have gone astray.

A Jihadist in "Heaven"

Those who have gone astray are the Christians, according to the Quran; those Allah has cursed, are the Jews. The al-Fahtihah is supposed to be recited 17 times a day--how's that for super-duper anti-Semitism and anti-Christian sentiment? It's a form of brainwashing. 

 I always marvel at how all powerful and mighty Allah is supposed to be, but he created so many mistakes by creating Jews and Christians, so say the Muslims, and then he needed the help of Muslims to kill them. Guess he isn't as powerful as they say.

My latest novel, Jihad Joe, is about Islamic terrorism and suspense.  In it I challenge the precepts of the religion through my protagonist, Zed Nill, a journalist, captured by terrorists and who is destined to be killed if the American President refuses to release three Gitmo prisoners.  Of course, American policy demands we never give in to terrorists, and for Zed, the clock is ticking.

Jihad Joe Soft Cover       

click here for ebook version  

My other blog New York Canuck

Tweet