The Supreme Court heard oral arguments Wednesday on whether the death sentence should be reinstated for Dzhokhar Tsarnaev, who was convicted of carrying out the deadly Boston Marathon bombing. The court's liberal justices grilled a Biden administration lawyer who argued that they should reimpose the death penalty for Tsarnaev, The sentence was recommended by a jury but vacated by an appeals court.
Some of the court's conservatives, who outnumber the liberals six to three, appeared skeptical of the arguments made by Tsarnaev's attorney. The justices focused largely on evidence involving Tsarnaev's late brother, Tamerlan Tsarnaev, that was omitted from Dzhokhar's trial in federal district court in Massachusetts. Defense lawyers said the district court's exclusion of that evidence — which was related to a triple murder that Tamerlan's friend accused him of committing — undermined their case that Tamerlan influenced Dzhokhar.
Justice Elena Kagan noted to Deputy Solicitor General Eric Feigin that the jury was allowed to hear evidence about Tamerlan "poking somebody in the chest" and shouting at people "all because that showed what kind of person Tamerlan was and what kind of influence he might have had over his [younger] brother.
The federal government has argued to the Supreme Court that the appellate judgment was wrong, and that the U. Lawyers for Tsarnaev have responded that even if the high court vacated the appellate ruling and sent the case back for further review, issues with the jury and the evidence presented during Tsarnaev's trial would lead to the same outcome.
The federal government is pushing for the death penalty for Tsarnaev even as President Joe Biden's Justice Department takes action to halt federal executions. S Department of Justice. The Supermax prison near Florence, Colo. Boston, MA, Robel Phillipos, one of the college buddies of convicted marathon bomber Dzhokhar Tsarnaev, right, leaves the federal courthouse in Boston, Friday, June 5, with his attorney Derege Demissie, left, after hearing the sentence.
Staff Photo by Chitose Suzuki. This combination of undated photos provided by their families shows, from left, Martin Richard, 8, Krystle Campbell, 29, and Lingzi Lu, a Boston University graduate student.
Richard, Campbell and Lu were killed in the two explosions at the finish line of the Boston Marathon on Monday, April 15, On Friday, May 15, , a jury sentenced Dzhokhar Tsarnaev to death by lethal injection for the terror attack.
Family Photos via AP. The defense team for Boston Marathon bomber Dzhokhar Tsarnaev exhibited this photo during the sentencing phase of his trial at Moakley Federal Court. Courtesy of the Bostondefenders. Staff Photo by Matt Stone. By Joe Dwinell joed bostonherald. President Donald Trump weighed in on the ruling during an address to supporters on the tarmac of Tampa International Airport. Durkin Richer reported from West Harwich, Massachusetts.
Sections U. Science Technology Business U. FILE - This file photo released April 19, , by the Federal Bureau of Investigation shows Dzhokhar Tsarnaev, convicted and sentenced to death for carrying out the April 15, , Boston Marathon bombing attack that killed three people and injured more than On Friday, July 31, , a federal appeals court overturned the Boston Marathon bomber's death sentence.
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