Boston Marathon case resurfaces

High court to weigh reinstating death sentence in bombing

WASHINGTON — The U.S. Supreme Court said Monday that it will consider reinstating the death sentence for Boston Marathon bomber Dzhokhar Tsarnaev, presenting President Joe Biden with an early test of his opposition to capital punishment.

The justices agreed to hear an appeal filed by the Trump administration, which carried out executions of 13 federal inmates in its final six months in office, including three in the last week of President Donald Trump’s term.

The case won’t be heard until the fall, and it’s unclear how the new administration will approach Tsarnaev’s case. The initial prosecution and decision to seek a death sentence was made by the Obama administration, in which Biden served as vice president.

Biden has pledged to seek an end to the federal death penalty, but he has said nothing about how he plans to do so.

In just over two months in

office, the new administration has reversed its predecessor’s position in several high court cases. But the Justice Department has not notified the court of any change in its position in Tsarnaev’s case.

Even if the court were to reinstate the death sentence, nothing would force Biden to schedule an execution date.

White House press secretary Jen Psaki did not say how Biden or his administration would approach the case at the Supreme Court.

“He has grave concerns about whether capital punishment as currently implemented is consistent with the values that are fundamental to our sense of justice and fairness. He has also expressed his horror at the events of that day and Tsarnaev’s actions,” Psaki told reporters.

In July, a three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston upheld Tsarnaev’s convictions on 27 counts. But the appeals court ruled that his death sentence should be overturned because the trial judge had not questioned jurors closely enough about their exposure to pretrial publicity and had excluded evidence concerning Tamerlan Tsarnaev, Dzhokhar’s older brother and accomplice.

“A core promise of our criminal justice system is that even the very worst among us deserves to be fairly tried and lawfully punished,” Judge O. Rogeriee Thompson wrote for the panel.

“Just to be crystal clear,” Thompson wrote, “Dzhokhar will remain confined to prison for the rest of his life, with the only question remaining being whether the government will end his life by executing him.”

The Justice Department had moved quickly to appeal, asking the justices to hear and decide the case by the end of the court’s current term, in early summer.

Tsarnaev’s lawyers acknowledged at the beginning of his trial that he and his brother set off the two bombs at the marathon finish line on April 15, 2013. But they argued that Tsarnaev is less culpable than his brother, who they said was the mastermind behind the attack.

Thompson wrote that the trial judge should not have excluded evidence that Tamerlan Tsarnaev had been involved in a triple murder in 2011, which could have bolstered an argument from defense lawyers that he had dominated and intimidated his younger brother.

Tamerlan Tsarnaev, 26, died following a gunfight with police and being run over by his brother as he fled. Police captured a bloodied and wounded Dzhokhar Tsarnaev hours later in the Boston suburb of Watertown, Mass.,

Tsarnaev, now 27, was convicted of all 30 charges against him, including conspiracy and use of a weapon of mass destruction and the killing of a Massachusetts Institute of Technology police officer.