BOSTON MARATHON BOMBING CASE MOVES AHEAD, FEDERAL PROSECUTORS WON’T APPEAL

— In a simple sentence, federal prosecutors announced they would abide by an appeals court ruling and take another look to see whether the Boston Marathon bomber deserves another death penalty trial.

“This letter is to inform the Court that the government will not be seeking panel rehearing or rehearing en banc of the decision in this case,” the U.S. District Attorney’s office in Boston wrote to the U.S. Appeals Court.

This means Dzhokhar Tsarnaev may escape the electric chair or, more likely, a lethal injection.

As the Boston Herald previously reported, the Boston-based 1st U.S. Circuit Court of Appeals states allegations of potential juror bias “requires further factfinding by the district court.” This does not change the death sentence, but does keep this case open yet again.

The appeals court states “the district court’s investigation fell short of what was constitutionally required” over this one issue. If bias is shown, the court adds, Tsarnaev will be “entitled to a new penalty-phase proceeding.”

The alleged bias is over social media postings about the bombing made by two jurors in the death penalty phase of Tsarnaev’s case.

The U.S. Supreme Court has already reinstated the death sentence against Tsarnaev for planting and triggering the bombs on Boylston Street that killed three and maimed hundreds more.