• Lawyers for Marathon bomber say fair trial rights violated

    By: Michael Henrich

    Updated:

    BOSTON - Nearly six and a half years after the Boston Marathon bombing, Dzhokhar Tsarnaev’s legal team has filed a lengthy appeal of his convictions and death sentence.

    The reply brief filed Thursday is more than 200 pages.

    One of the earlier arguments is that “no fair trial in Massachusetts” argument, saying the 2013 explosions so traumatized the region that it was impossible to get an impartial jury.

    The attorneys write, “the bombings targeted and terrorized every member of this large community, which grieved and recovered as one: Boston Strong. In these extraordinary circumstances, no voir dire could ensure an impartial jury.”

    They also say 69% of the jury pool believed Tsarnaev was guilty.

    Overall, Tsarnaev’s attorneys make 16 appeal arguments for his convictions to be overturned, his death sentence to be overturned, or his sentence changed to life in prison. That includes the no fair trial claim.

    Tsarnaev’s attorneys also argue the emotional testimony from 11 survivors violated the federal Death Penalty Act.

    One of the 16 arguments is completely redacted, both in the summary of arguments and seven pages of the brief and it’s not immediately clear why.

    Oral arguments on the appeal are scheduled to be heard on December 12.

    Tsarnaev lawyers granted 3-month extension for death sentence appeal

    The Associated Press contributed to this report

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