J. Scott Applewhite / AP
This week, a few days after the first Boston Marathon since the plague began, the United States Supreme Court is hearing the case of Dokok Tsarnaev, who was sentenced to death for his role in the terrorist bombing of the race in 2013. The question in the case is not Tsarnaev’s case. Whether he was sentenced to death or not, whether he was sentenced or not.
Patriot Day – April 15, 2013 – shone with the perfect weather for a year-long run of the Boston Marathon. At the time the runners climbed Heartbreak Hill, one writer said, at Fenway Park the Red Sox were “trapped in a white-knuckle duel” by the Tampa Bay Rays. By 2:50 pm, the top runners had already finished their run, the football match was over with the Red Sox walk-off run, and most of the baseball fans had traveled miles to the finish line to join the excited crowd waiting to greet the last 5,700 runners.
And then it happened: two explosions in quick succession, followed by fire, smoke and killing. Children and adults were screaming, and amputated limbs were everywhere as doctors, police, and paramedics rushed to prevent bleeding.
Three days later, the FBI released camera surveillance cameras of suspected bombers and asked for public assistance in locating them. The two men were later identified as 22-year-old Tamerlan Tsarnaev and his 19-year-old brother, Dzhokhar. By this time the brothers, after the division had begun, were reunited. After boarding Tamerlan’s car with bombs, assault rifles and a grenade, they drove past the Massachusetts Institute of Technology, where they spotted a police camp vehicle, which came from behind and shot Sean Collier in the head in an empty spot.
After that, they confiscated an SUV and stole $ 800 from the car owner’s ATM, but the owner managed to escape and police used a tracking device to find it in Wattown, which was still being driven by relatives. Tamerlan was later killed after being shot by police, but Dzhokar escaped.
In the morning, the hunt for my brother woke up the town as police in the Wattown area went door to door looking for him, and telling people to stay in the area.
That night he was found, hiding in a boat under a tarmac and covered with blood. He used a pencil to make a note that the jailer was “awake” and that “you are fighting men who look in your barrel and see the sky.”
Although Massachusetts has not been sentenced to death, a jury two years later convicted him in 30 terrorist-related courts. The court sentenced him to six counts of felony criminal mischief. But in July 2020, the US Court of Appeals in Boston reversed the death sentence.
In his remarks at the coalition stage, Judge O. Rogeriee Thompson wrote that “the forerunner of our rule is that even the worst of us should be prosecuted and punished legally.” Despite a “strong test,” said the appellate court, the trial judge “did not meet th[at] flag. ”
Then-President Donald Trump called the decision “null and void,” and managers quickly filed an appeal to the US Supreme Court, even when it killed 16 others in the last seven months in office. This was the first massacre of the union since 2003, and in each case the Supreme Court rejected an 11-hour appeal.
Although Biden’s administration later suspended the remaining members of the coalition to investigate state law, it continued to defend the death penalty in Tsarnaev’s case.
There are two cases before the Supreme Court, all of which are related to a trial by a judge of the court. Unlike a judge in the Oklahoma City bombing court, who overturned an international trial for pre-trial detention, a judge in Tsarnaev’s court concluded that any discrimination in Boston could be remedied by careful consideration of potential judges. .
But in an argument before the appellate court, the judge ruled that the trial judge had not done so, refusing to investigate the possible ‘judges’ of the media. The defense attorney, Mr. Daniel Habib, for example, pointed to a judge who would eventually become president.
“Juror 286 falsely denied on Twitter that Tsarnaev was a ‘piece of rubbish’ … and juror 138 falsely lied about the matter on Facebook, when a friend urged him to ‘play the part, sit in court and send Tsarnaev to prison where he would be kept.'”
Again, Habib said that when the judge was given evidence of irregularities during the election, he refused to investigate, concluding that the errors had failed to recall.
“This is the first time that the court has dealt with permanent information through social media,” said George Kendall, a defense lawyer. “So it was very strange, to say the least, that when the judge decided,” Well, we can do it in Boston, “that question was not asked of everyone.
The second argument in this case revolves around the penalty of partial trial, in which the defense should be given a greater chance in providing conclusive evidence. The court ruled that the judge of the court had incorrectly selected evidence of an older brother’s involvement in the three-year-old assassination of the two-year-old marathon bombing, which he allegedly cut off the throats of three men as a jihad in the 19th year. / 11 attack. The case remained unresolved until last month’s marathon bombing when Tamerlan’s phone records directed FBI agents to a man who admitted he was at the scene of a crime with Tamerlan. But the interview turned violent and the man was shot dead by police.
Proponents of her case have been working to make the actual transcript of this statement available online. Defense attorney Habib told the court that if the judge had heard evidence of three murders, it would have allowed prosecutors to distinguish between the brutal history of Tamerlan and his 19-year-old brother, a college student with no criminal record.
But prosecutor William Glasser replied that investigating the three murders would be counterproductive.
“It is very shocking to conclude that all this evidence about the murder and its history was related to the crime,” he said. “There is ample evidence that the” brother “himself was influenced by Islamic teachings and was not subordinate to his younger brother.”
All of this will be contested on Wednesday, just two days after the Boston Marathon run, without incident, for the first time in more than two years, since the plague began, and two days after the Red Sox hit the Rays inside yet another nail-biter and another run-away run.
Elections from the Supreme Court are expected in the summer.