- Casey Hamm
- December 10, 2015
The nightmare of the Boston Marathon Bombing is not over even after two years of a trial and it looks to be an even longer nightmare ahead.
Lawyers for Boston Marathon bomber Dzhokhar Tsarnaev have urged a judge to grant him a new trial.
Tsarnaev was convicted and sentenced to death for his role in the 2013 bombings, which killed three people.
Tsarnaev’s lawyers told a judge Tuesday that a recent Supreme Court ruling calls into question 15 of the 30 counts against him.
The defense also argued that those counts likely influenced jurors when they decided he deserved the death penalty. Therefore, Tsarnaev should receive a new trial and a new sentencing proceeding.
Tsarnaev’s lawyers continued by stating that at trial that he and his older brother carried out the bombings, but emphasized that his brother was the mastermind and Dzhokhar didn’t deserve the death penalty.
It is unclear if his brother should be getting a new trial or if his brother is continuing his sentence with the death penalty.
The government argued they should have access to Tsarnaev’s visitor logs in prison because they are in charge of setting Tsarnaev’s special restrictions and thus should have access to such documents.
When Tsarnaev’s sisters have visited him at Fort Devens a federal agent has been present who can report to a prosecutor not involved with the case for unbiased reporting and communication.
But the defense argued that attorney/client privileges should prevent the government from knowing confidential things like exactly who is meeting with Tsarnaev.
It has been reported that the government is asking Tsarnaev to pay back approximately $80 million to the families of the four deceased victims and for 17 amputee victims.
Some of that money would also be reimbursements and Tsarnaev would be billed in increments of $100 a year.
Judge George O’Toole Jr. didn’t immediately rule.
*Thank you to My Fox Boston for the original story.
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