Boston judge cracks back at Tsarnaev's death-sentence appeal: Delay 'mind-boggling,' says mom
Published in News & Features
BOSTON — A federal judge in Boston is vigorously denying the marathon bomber’s last-ditch accusation that another magistrate must reexamine the killer’s death penalty sentencing.
In a stinging rebuke, Judge George A. O’Toole Jr. states he won’t step aside as Dzhokhar Tsarnaev fights for his life.
Tsarnaev was convicted in 2015 of all 30 charges against him and remains locked up for life in the Colorado supermax prison ADX Florence.
Tsarnaev’s lawyers allege two jurors were biased when they agreed to sentence the bomber to death in June of 2015 for “using weapons of mass destruction” at the marathon finish line. The First Circuit Court of Appeals in Boston has instructed O’Toole to take another look at the alleged bias of those jurors.
O’Toole writes in his latest filing: “It is apparent that the Court of Appeals intended that this Court investigate the potential bias of the two jurors at issue. The instruction was plainly directed to this district judge. Recusal would be at odds with the direction of the Court of Appeals.”
He adds that “doubting my ability to follow my oath to faithfully apply the law” is dead wrong.
This case drags on because the appeals court stated, “the district court’s investigation fell short of what was constitutionally required” over this one issue. If bias is shown, the court adds, Tsarnaev will be “entitled to a new penalty-phase proceeding.”
The alleged bias is over social media postings about the bombing made by two jurors in the death penalty phase — “Jurors 138 and 286” — among the panel that voted for the death sentence.
Court records state that Juror 138 posted to Facebook, in part: “Shud be crazy. He was legit like ten feet in front of me today with his five or six team of lawyers. I can’t say much else about it, though. That’s against the rules.” When asked in court if he commented on the case, he denied it.
Juror 286 posted on Twitter and Facebook about the bombing, the manhunt, and Tsarnaev — whom she called a “piece of garbage,” according to published reports.
O’Toole also stated late last month that any comments he made about the case are irrelevant, because he told the audience, in part: “(I)t would be very inappropriate for me to make any comments about any potential appellate issues. As to any of those matters, I have said what I have to say about them in my rulings. You can find them online…”
The Herald could not immediately reach Tsarnaev’s legal team, especially attorneys from the Federal Defenders of New York, Inc., who defend the indigent.
The twin bombing on Boylston Street that fateful April day killed Martin Richard, 8; Krystle Campbell, 29; and Lu Lingzi, 23. More than 260 people were also injured and maimed. MIT Police Officer Sean Collier, 27, was shot execution-style days later by the Tsarnaev and his brother Tamerlan, who was killed hours later in a firefight in Watertown.
Boston Police Officer Dennis Simmonds, 28, injured in the Watertown shootout, died in April 2014.
The case drags on while victims and loved ones of those killed or hurt wait for this nightmare to come to a conclusion, in court at least.
“I hope I live long enough to see justice,” Liz Norden, whose two sons both lost their right legs in the bombings, told the Herald Wednesday. “It’s mind-boggling that it’s taken this long. My hope is I’m still alive to see it through.”
Norden, who is 62, said last week’s running of the Boston Marathon was difficult because it dredged up all the hurt over the years. “I don’t understand why it’s taken so long. I ask myself this question every day.”
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