Milwaukee Journal Sentinel

Supreme Court to hear Boston marathon bomber argument

- John Fritze

WASHINGTON – The Supreme Court on Monday agreed to hear a government appeal to reinstate the death penalty for Boston Marathon bomber Dzhokhar Tsarnaev, granting review of a lower court’s decision that errors during the trial tainted his sentencing.

If the justices overturn the appeals court decision, Tsarnaev’s death sentence could be reinstated. If they do not, he would neverthele­ss serve multiple life sentences in prison.

Tsarnaev, 27, was convicted of dozens of crimes in the 2013 terror attack that killed three people and received a death sentence in 2015.

But the U.S. Court of Appeals for the 1st Circuit threw out the death sentence last year, finding that the judge in the trial failed to ensure a fair jury after wall-to-wall media coverage of the attack.

Then-Attorney General William Barr promised to appeal, and the Justice Department followed through in October. Government lawyers told the court that unless the justices took action in the case, prosecutor­s would have to retry the penalty phase of the trial, forcing victims of the attack to take the stand again.

As is its practice, the Supreme Court court took the case Monday without comment. The justices will likely hear arguments in the fall.

A reversal could put President Joe Biden in a difficult position because during his campaign he promised to push for the approval of legislatio­n to eliminate the death penalty. Attorney General Merrick Garland told lawmakers during his confirmation hearing in February that he had “great” concern about the applicatio­n of the death penalty by the federal government, which resumed executions under Trump.

Garland told lawmakers he expected Biden would reinstate a moratorium on the death penalty after 13 federal inmates were executed during the final months of Trump’s administra­tion. The Justice Department declined to comment Monday.

“President Biden has made clear, as he did on the campaign trail, that 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,” White House press secretary Jen Psaki said in response the court’s decision to hear the appeal.

Psaki also noted that Biden has expressed “horror” at the 2013 bombing, but she offered no opinion on the specific case and did not detail the president’s plans for the death penalty more broadly.

Some conservati­ves were quick to call attention to the notion that Tsarnaev raises an important test of Biden’s resolve on the issue.

“The Biden administra­tion should stand strong in favor of capital punishment for this terrorist, and justice should be done,” said Sen. Tom Cotton, R-Ark.

The Biden administra­tion has repeatedly sought to disentangl­e itself from positions taken at the court by President Donald Trump’s Justice Department.

Officials recently asked the Supreme Court to dismiss a series of cases involving Trump’s effort to cut federal funding for medical centers that refer patients for abortions, for instance.

The new administra­tion and other parties have already secured dismissals in cases involving several Trumpera immigratio­n policies as well as questions raised about the 2020 election.

Tsarnaev and his older brother, Tamerlan Tsarnaev, planted a pair of bombs near the finish line of the marathon and killed a Massachuse­tts Institute of Technology police officer during a citywide manhunt. Tamerlan Tsarnaev was killed during a shootout.

Defense attorneys said Tsarnaev failed to receive a fair trial because the court did not allow them to probe potential jurors more aggressive­ly about the influence media coverage of the bombing may have had on their impartiali­ty. The court had declined their request to ask potential jurors contentspe­cific questions, such as “What stands out in your mind” from the news they had consumed about the marathon bombing.

The appeals court also ruled the judge erred by excluding evidence authoritie­s said implicated Tamerlan Tsarnaev in other murders.

 ?? J. SCOTT APPLEWHITE/AP FILE ?? The Supreme Court will consider reinstatin­g the death sentence for Dzhokhar Tsarnaev..
J. SCOTT APPLEWHITE/AP FILE The Supreme Court will consider reinstatin­g the death sentence for Dzhokhar Tsarnaev..

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