Dzhokhar Tsarnaev death sentence Overturned By Federal Appeals Court

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Dzhokhar Tsarnaev death sentence Overturned By Federal Appeals Court.

A federal appeals court Friday threw out Dzhokhar Tsarnaev’s death sentence in the 2013 Boston Marathon bombing, saying the judge who oversaw the case did not adequately screen jurors for potential biases.

A three-judge panel of the 1st U.S. Circuit Court of Appeals ordered a new penalty-phase trial on whether the 27-year-old Tsarnaev should be executed for the attack that killed three people and wounded more than 260 others.

“But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution,” the judges said, more than six month after arguments were heard in the case.

“The death penalty always invites errors,” said high-profile defense attorney J.W. Carney Jr., who is not affiliated with the Tsarnaev case. “We should finally accept that life imprisonment without the possibility of parole is a better result than the sentence of putting the person to death.”

“We are grateful for the Court’s straightforward and fair decision: if the government wishes to put someone to death, it must make its case to a fairly selected jury that is provided all relevant information,” the Federal Defenders of New York, representing Tsarnaev, said in a statement. “The Court rightly acknowledges, as do we, the extraordinary harm done to the victims of the bombing. It is now up to the government to determine whether to put the victims and Boston through a second trial, or to allow closure to this terrible tragedy by permitting a sentence of life without the possibility of release.”

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

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