New penalty-phase trial ordered for Boston Marathon bomber after court overturns death sentence

Boston Statehouse

BOSTON (WWLP) – It’s been seven years since the Boston Marathon Bombing and now Friday, that shocking federal appeals court decision out of Boston, overturning the death sentence for bomber Dzhokhar Tsarnaev. 

The judges made it clear Tsarnaev isn’t going free, in fact, he could still face the death penalty. A three-judge panel of the 1st U.S. Circuit Court of Appeals ordered a new penalty-phase trial, finding that the judge who oversaw the Boston Marathon Bombing case didn’t sufficiently vet jurors for bias.

The judges making it clear though, that Tsarnaev isn’t being let outgo. He will spend his remaining days locked up in prison. 22News talked with a man who lives just outside of Boston. He expressed disappointment in the court’s decision. 

“It’s really unfortunate that the court made that decision,” David Nagle of Arlington. “I feel awful for Boston as a community right now.” 

The April 2013 attack killed three people and injured more than 260 others. The impact of the attack felt far and wide in Boston. So, Tsarnaev’s lawyers had argued that intense media coverage made it impossible to have a fair trial in Boston. 

They also pointed to the social media posts of two jurors suggesting they harbored strong opinions well before the 2015 trial started. 

“My heart goes out to all the victims of that sad attack,” said Nagle. 

Tsarnaev was convicted on 30 charges, including conspiracy, and use of a weapon of mass destruction. Tsarnaev remains behind bars at a high-security supermax prison in Colorado. But again – the judges ruled there should be a new penalty-phase trial. 

So, Tsarnaev could be making his way back to Boston soon. 

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