A federal appeals court has directed the judge overseeing the trial of Boston Marathon bomber Dzhokhar Tsarnaev to investigate claims of juror bias and determine the validity of his death sentence. The court did not overturn Tsarnaev's death sentence but found that the trial judge failed to adequately address the defense's concerns of juror bias.
If the judge concludes that any juror should have been disqualified due to bias, Tsarnaev's death sentence will be vacated, and a new penalty-phase trial will be held to decide his fate. The appeals court emphasized that regardless of the outcome, Tsarnaev will spend the rest of his life in prison.
This decision marks the latest development in a case that has already been reviewed by the U.S. Supreme Court. In 2022, the Supreme Court reinstated Tsarnaev's death sentence after it was initially overturned by the 1st Circuit in 2020. The appeals court's reexamination of the case was prompted by Tsarnaev's lawyers, who raised additional issues not considered by the Supreme Court.
The defense argued that two jurors had been dishonest during jury selection, with one juror allegedly making biased comments on social media. Despite a moratorium on federal executions, the Justice Department has continued to advocate for upholding Tsarnaev's death sentence.
Tsarnaev was convicted of multiple charges, including the killing of three individuals in the 2013 bombing near the Boston Marathon finish line. His defense claimed that he was influenced by his deceased older brother, Tamerlan, who was killed in a confrontation with police.
The appeals court's decision now places the fate of Tsarnaev's sentence in the hands of the trial judge, who will conduct a new investigation into the alleged juror bias. The case may potentially be appealed to the U.S. Supreme Court depending on further developments.
