Boston Herald

Judge urged to keep Tsarnaev juror forms sealed

- By LAUREL J. SWEET — laurel.sweet@bostonhera­ld.com

The federal judge who sentenced Boston Marathon bomber Dzhokhar Tsarnaev to death in 2015 is being urged by prosecutor­s not to unseal 1,355 sealed questionna­ires completed by prospectiv­e jurors not chosen to hear the case, arguing the release could lead to “embarrassm­ent or harassment.”

Assistant U.S. Attorney Nadine Pellegrini told U.S. District Court Judge George O’Toole Jr. in a filing last week that among the 100 questions put to jurors were whether the federal government “allows too many Muslims, or too many people from Muslim countries, to immigrate legally to the United States,” and whether the war on terror “is overblown or exaggerate­d.”

Attorney David Patton, in preparing the appeal to overturn Tsarnaev’s death sentence, is agreeable to redacting jurors’ personal identifier­s, but told O’Toole in his motion to obtain the voluminous documents that he needs to know “the percentage of all venirepers­ons (potential jurors appearing for jury selection) who knew about the case, and the percentage who believed, based on pretrial publicity, that Mr. Tsarnaev was guilty or should receive the death penalty.”

Patton plans to take the position that the trial never should have been held in Boston, much less 2 miles from Copley Square, where three race spectators were killed and nearly 300 others injured by two pressureco­oker bombs on April 15, 2013.

“The questionna­ire contained 100 questions, many of which revealed informatio­n that could lead to the jurors’ identifica­tion, could be considered private, or touched on divisive issues that could subject the jurors to embarrassm­ent or harassment,” Pellegrini said. “Even with full anonymity, many potential jurors would likely be surprised to find that their highly personal political and religious views — explained in their own handwritin­g — will be forever in the public record.”

Tsarnaev turned 25 last month at the Supermax prison in Colorado. His opening brief is due no later than Nov. 19 before the U.S. Court of Appeals for the First Circuit in South Boston.

 ?? AP FILE PHOTO ?? PRIVATE REMARKS: The attorney for Boston Marathon bomber Dzhokhar Tsarnaev, above, is preparing the appeal to overturn his death sentence.
AP FILE PHOTO PRIVATE REMARKS: The attorney for Boston Marathon bomber Dzhokhar Tsarnaev, above, is preparing the appeal to overturn his death sentence.

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