This is more about the state of American society today than it is about Dzhokhar Tsarnaev. There is no question that he is guilty. His victims have no chance to appeal the death penalty that he gave to them. But American society does not have the will anymore to take a strong stand against criminals of this kind, and that means there will be more of them.
“Federal appeals court tosses Tsarnaev death sentence, ordering new trial to decide bomber’s fate,” by David Abel, Travis Andersen, Tonya Alanez and Milton J. Valencia, Boston Globe, July 31, 2020:
Forcing open a painful chapter of Boston’s history, a federal appeals court on Friday overturned the death sentence of Dzhokhar Tsarnaev, who was convicted five years ago of collaborating with his brother to plant two bombs near the Boston Marathon’s finish line, and ordered a new trial to determine whether he should be put to death.
In a 182-page ruling that infuriated some victims, the US Court of Appeals for the First Circuit ruled that George A. O’Toole Jr., the judge in Tsarnaev’s 2015 trial, “did not meet the standard” of fairness while presiding over jury selection.
“A core promise of our criminal justice system is that even the very worst among us deserves to be fairly tried and lawfully punished,” wrote Judge O. Rogeriee Thompson, who also called the bombings “one of the worst domestic terrorist attacks since the 9/11 atrocities.”
The ruling does not impact Tsarnaev’s convictions in the 2013 bombings, which killed three people and wounded more than 260 others.
“Just to be crystal clear … Dzhokhar will remain confined to prison for the rest of his life, with the only question remaining being whether the government will end his life by executing him,” Thompson wrote.
But the ruling, which drew divided reactions from legal experts, raised the specter of another painful and protracted ordeal for the families of the injured and the dead, some of whom had warned against precisely this outcome.
“I just don’t understand it,” said Patricia Campbell, whose daughter Krystle was killed in the bombings. “It’s just terrible that he’s allowed to live his life. It’s unfair. He didn’t wake up one morning and decide to do what he did. He planned it out. He did a vicious, ugly thing.”
In ordering that Tsarnaev’s sentence be considered anew, the court found that at least two of the 12 jurors did not fully disclose what they knew about the high-profile case, or discussed it on social media before they were chosen to decide Tsarnaev’s fate.
Tsarnaev’s trial attorneys showed during the final stages of the jury selection process that one of the jurors, the foreperson, hid that she had posted on Twitter about being “locked down” during the manhunt for Tsarnaev, and that she called him a “piece of garbage” after the attacks.
The court held that O’Toole erred when he refused to press the jurors on the social media posts, instead relying on their claims that they could serve impartially.
“A judge cannot delegate to potential jurors the work of judging their own impartiality,” Thompson wrote.
Tsarnaev has been held at the US Penitentiary Administrative Maximum Facility in Colorado, the nation’s highest-security prison, a so-called Supermax known as the Alcatraz of the Rockies.
Campbell said she was not sure whether she would return to court to try to persuade another judge to reimpose the death penalty.
“I don’t even know if I’d waste my time going,” Campbell said. “The government’s just wasting money. He should be dead by now for what he did.”…
Don McKellar says
The only question I have is: WHY WASN’T HE EXECUTED 3 YEARS AGO??? This is a Federal case. Why didn’t Trump do an executive order to expedite freaks like this? The President can pardon, can he not expedite executions? Can anybody WHO ACTUALLY KNOWS answer this?
gravenimage says
Yes–he should have been executed long since.
PRCS says
Execution is too easy.
Like Charles Manson–who spent years in prison and died there as an old man–Tsarnaev. should be afforded the same mind-numbing experience.
cloudmeister44 says
I agree. It’s difficult not to torture this dung head then just let him bleed-out. But hopefully the hell he will e sure in prison, daily of the rest of his days will inflict much more pain than he can endure.
Shame on the Courts.
Also, I truly Hope a POTUS cannot issue death by Executive Order! Of course a few past AND future may do just do that to themselves by careless “Executive Error”!
Dementia plays tricks I’m told…..
J D S says
So now the tax payers will feed, clothe, shelter a d medicate this murderer for the rest if his life. How do you tax payers like the court that took away his death sentence?
Frank Anderson says
JDS, it costs less to feed the evil ????? than to fund his appeals. We are suckers for allowing acts of war to be treated as ordinary crimes. We will bankrupt ourselves if this continues.
Stephen G says
I like it. I don’t believe there is any good purpise served by executing him. He should serve life without parole, in that way society is protected from him. Killing him is an unnecessary act of vengeance, spiritually bad for us the people. To say we should execute to save money, well that is the kind of logic Hitler or Stalin would have agreed with.
gravenimage says
The idea that if *any* perpetrator is executed, no matter how hideous their crime, that this makes the courts “Hitler or Stalin” is just grotesque.
It looks as though this poster pretends that the Nuremberg Trials were as bad as the death camps. *Good grief*…
Al says
” They ” sure got Timothy McVie executed fast ? Hmmmm .
gravenimage says
That seemed like a reasonable amount of time to me–he was allowed several years’ worth of appeals.
Stephen J says
I’m sure if he knew about this, he would be rolling in his grave.
Sukabumi Joe Joe says
Trias politica: separation of powers
If Not Now When says
He wasn’t executed because he was in the appeals process. An EO cannot override that detail. And this is why death penalty cases can go on for years. They did not overturn the conviction, only the punishment phase is to be repeated. I am sure the death penalty is still on the table. As annoying as this is, just take the perspective that your rights would be protected in the same way. Be patient.
gravenimage says
Federal appeals court overturns death sentence of Boston Marathon jihad murderer
……………..
Just sickening. If *anyone* is the posterchild for the death penalty, it is this murderous Jihadist.
J Morgan says
+1
curious says
+1
J D S says
When if ever, will the powers that be understand the Islamic plan for world domination and start sending Muslim murderers to hell instead of lifetime, or less, lock up.
I don’t know if these powers just don’t know what Islam is or are they just a willing part of the “plan”
rd ent
nicholas tesdorf says
The Federal Appeals Court has signed the death sentences of many Americans in the future with this act.
Ben Kennedy says
Absolutely True. As a precedent, all this court did was tell everyone that in order to escape a death sentence, all you have to do is commit a crime so hideous that the news coverage will have everybody talking about it. The result is they can never en-panel a jury, or even a judge, that has not heard the news story about your crime. A true “get out of jail free” card, written by this judge.
commonsense says
Who, I’d like to know, has been paying for Tsearnsev’s defense? According to the article, he has a defense team, not just a single attorney. We learn nothing about this from the article.
commonsense says
Correction: Tsarnaev. An inadvertent typo. May he rot in hell, in any event.
gravenimage says
Here’s more on his defense lawyer:
https://www.vanityfair.com/news/2015/03/judy-clarke-dzokhar-tsarnaev-lawyer
She doesn’t care *how horrifying* their crimes are.
Al says
I’m strangely attracked to her ?
gravenimage says
TMI, Al… 🙂
James Lincoln says
gravenimage,
Thanks for the link – very telling…
curious says
@commonsense, Federal taxpayers are paying.
@gravenimage, thanks for the link.
commonsense says
Thanks, gravenimage and curious. What a misappropriation of taxpayer dollars.
By the way, any Muslim family that names one of their sons Tamerlane (the dead jihadi brother) should be denied entry into any Western country, as this choice of name suggests the family hates infidels; Tamerlane (aka Timur the Lame) was a monster who slaughtered tens of thousands of non-Muslims, believing that these murders were acts of piety, pleasing to Allah. Muslims with names such as Tamerlane or Saifullah (sword of Allah) should be flagged immediately, and refused entry. If only our authorities weren’t so damned clueless, a lot of lives could have been saved.
Frank Anderson says
I want a valid conviction and sentence whenever the law is broken. Under the Constitution a competent and zealous defense is required and essential. I mention frequently the trial in Israel of Adolf Eichmann, who was tried in as near a perfect court as ever conducted on earth.
I think the death sentence is appropriate; but also know that a death sentence means something entirely different to a suicidal muslim, who wishes to die for his quick access to the rewards, than to an “infidel” who wishes to live. Keeping that beast from his dream of martyrdom might, might, be some measure of discouragement to those who would follow his example. It is cheaper to lock him up for life than to continue an appeal process for decades. He gets no more attention, further defeating his goals, by imprisonment.
Unless we change the requirements for due process, either by declaring war or otherwise ending the Constitution, we are stuck with the requirements of taxpayer funded defense for terrorists as for other criminal cases. I think terrorists are nothing more than pirates. At one time pirates could be killed on sight because they were “enemies of all mankind” without any rights under international law. That rule made sense for hundreds of years and still makes sense to me. The people who oppose that rule are nibbling away at the rights law abiding citizens have to life, liberty, property and the pursuit of happiness to the end that we are nothing better than inmates in a giant concentration camp ruled by violent thugs, such as the convicted terrorist. That is what happened in Communist and Nazi countries and still happens today.
Terrorism is an act of war, not a crime.
James Lincoln says
Frank Anderson,
An excellent post, my compliments.
Frank Anderson says
Thank you.
gravenimage says
Thanks James, curious, and commonsense.
And I agree, Frank–Jihad is not just crime.
If Not Now When says
The taxpayer
Keith O says
Patricia Campbell said it best. “this is a waste of time and money”.
Why is this individual not acting as fertilizer by now?
David Curtis says
Fertilizer eh, would anyone wanna eat anything fed, using his cells for sustenance, upchuck being the end result.
revereridesagain says
The Islamic Society of Boston has a lot of clout with City Hall, but I have no idea as to whether they could have influenced this outcome in any way. As for pre-trial publicity surrounding the crime, where in the United States could a jury be comprised of people who had not watched coverage of the Boston Marathon bombings?
Now the victims and families of victims of these two whores of Allah will have to be put through the ordeal of another trial. Hope Judy Clarke is real proud of herself…..
James Lincoln says
revereridesagain says,
“As for pre-trial publicity surrounding the crime, where in the United States could a jury be comprised of people who had not watched coverage of the Boston Marathon bombings?”
A potential juror would be practicing “informed citizenship” by reading and watching the news coverage regarding the Boston Marathon bombings.
Apparently, the only “legitimate” jurors would be people who practice “uninformed” citizenship…
Walter Sieruk says
That the “Federal appeals court overturns death sentence of Boston Marathon jihad murderer” is a topic that of also brings up the subject of Capital Punishment as well as those who go outside a protest against the state government using of the death penalty and holding up signs show the words printed on them “Thou shall not kill”, those four words which are the sixth commandment , Exodus 20:13. are taken form the AUTHORIZED KING JAMES VERSION translation of the Bible of the Ten Commandments . By and large the A.K.J.V.is a good translation yet not a perfect one.
For Jewish and Christian scholar who understand the original Hebrew which the Old Testament , some call it the “Older Testament “, of the Bible which was first written in Hebrew, the point the those scholars will inform all who are willing to listen that the word was “Murder”” and not “Kill” in the original Hebrew of which the First Old Testament was written.
There is a vast different between those two words “Killing “and “murder “, for example a dictionary definition of the word “Murder” is “the unlawful and malicious act of killing another person.” In contrast “Killing is defined as “To put to death or to slay”
So the anti-capital punishment people who quote Exodus 20:13 in the A.K.J. V. might also look up that same specific verse in the NEW KING JAMES VERSION and see how it’s put right by reading “ You shall not murder” For in the very next chapter in Exodus 21:12 it reads “He who strikes man so that he dies shall surely be put to death.”
Further, in the New Testament the Bible reader in Roman 13:1-4 that not only are governmental law enforcement forces are ordained by God to hold back and stop the criminal and wicked activities by evil and dangerous men. This also this may extent to the criminal courts which h included punishment for the evil doer. If the Bible student examines more closely the specific verse number four he or she will discover that the scripture even refers to the government executor as type of minister of God to punish such men.
So that murderous young man, according to the Bible, should be put to death.
In conclusion the people who use their constitutional right to speak out against capital punishment do and should have the right of freedom of speech and expression to let other know how they feel on the subject of capital punishment. Nevertheless they either don’t know or do know but couldn’t care less that they are misusing the Bible in quoting Exodus 20:13 out of context.
Some of the anti –capital punishment feel might feel real righteous and pious by quoting that single verse out of the whole Bible , still in spite of the “pious emotions” some of them might have ,they are still misusing the Bible.
In addition to all this , the Bible in is written “Whoever kills any man shall surely be put to death.” Leviticus 27:17 [N.K.J.V.]
curious says
I hope the DoJ will petition SCOTUS to reverse this Circuit Court decision.
“In ordering that Tsarnaev’s sentence be considered anew, the court found that at least two of the 12 jurors did not fully disclose what they knew about the high-profile case, or discussed it on social media before they were chosen to decide Tsarnaev’s fate… Tsarnaev’s trial attorneys showed during the final stages of the jury selection process that one of the jurors, the foreperson, hid that she had posted on Twitter about being “locked down” during the manhunt for Tsarnaev, and that she called him a “piece of garbage” after the attacks.”
That would be an argument for a whole new trial, but the 1st Circuit appears to have “split the baby” trying to appease everyone and ending up with an unworkable decision. I suspect that the Circuit judges don’t want him out blowing up their neighborhoods, but want to appear sympathetic to Muslims and maybe opposed to the death penalty.
A defendant has a right to a fair trial, but not a perfect one. Either he got a fair trial or he didn’t. Zealous defense found two jurors might have started with a bias against the defendant, but I wonder how many might have started with a bias in favor of him. I would prefer that none of the jurors had any bias in any direction, but there are no perfect juries, and even this diligent defense team could not find anything wrong with the other 10 jurors. The jury convicted unanimously.
At best, if the 2 jurors whom the defense asserts cause to challenge had been replaced with 2 jurors biased in favor of the defense, the result would have been a hung jury and another trial nearer the time of the crime. Another trial 5 years later would not be better, as witnesses may have died or moved away. We start out requiring a unanimous verdict, recognizing that there are no perfect people and that every jury must therefore comprise imperfect people. Finding only 2/12 imperfect is remarkably low, and besides, all deliberated together and decided unanimously.
The defendant advocates openly a doctrine that commands him to kill disbelievers and to strike terror into the enemies of Allah. The prosecution proved beyond a reasonable doubt that he did both of those things. Calling him “garbage” is an insult to garbage, some of which can be recycled. He is toxic waste, and should be properly disposed of ASAP.
curious says
For anyone who wants to read the opinion, it is here:
https://www.bostonherald.com/wp-content/uploads/2020/07/Tsarnaev-opinion.pdf
As others have commented on this page, the opinion makes much of the media coverage and the issue of venue and empaneling a jury. Considering the nationwide attention to this horrible crime, I find it hard to imagine the defendant could have done much better anywhere else.
I should perhaps add one hopeful anecdote from that day:
“Bill Iffrig of Lake Stevens, Wash., was just feet away from the finish line at the Boston Marathon Monday when an explosion knocked him to the ground… Iffrig, 78, crossed the finish line with help of volunteers.
***
After the race, Iffrig walked six blocks back to his hotel, still not sure what transpired.”
https://abcnews.go.com/US/boston-marathon-runner-knocked-explosion-thought-trip/story?id=18965440
Walter Sieruk says
Those two murderous jihadist brothers who planted the two bombs of the street of the day of the Boston marathon that killed five people and severely maimed many more where no following warped form of Islam but a Qu ‘ran based non-watered down hard core Islam .
For the Qu’ ran instructs in 9:123 “O you who believe ! Fight those of the disbelievers who are close to you, and let them find harshness in you…”
Planting bombs hidden on a street is a very insidious and brutally cruel way of showing disbelievers harshness.
Likewise,the Qu ‘ran also instructs in 47:4. “Whenever you encounter the disbelievers strike off their heads until you make a great slaughter among them…”
Let’s face it bombs are a very sinister effective way to “make a great slaughter among them.
tim gallagher says
A pathetic decision. I heard Trump, on a news bulletin here in Australia, call Tsarnaev an “animal”. Of course, this Muslim scumbag is far worse than any animal, but it is hard to find words to describe such vermin as this Muslim terrorist maggot. I agree with the comments up above. He should gone off to hell, thinking he was going to reach that Muslim idea of paradise, a dream of living in a brothel with his unfortunate Muslim virgins, long ago. A very hot area of Hell is definitely waiting this maggot when the piece of inhuman shit does die.
Jehuda Ewert says
Wait for the ‘but’
There are dour reasons,why I”m against the death penalty:
1. Assuming due process is followed, and the convicted may appeal (real bias,list evidence turned up, alibi can be confirmed by evidence), life time sentences are cheaper than executions
2.the slowest execution is depriving of liberty until death
3. The death penalty is irreversible and false c ok nvictions do happen
4. Even after years of silence convicted murderers reveal a much brighter scram
BUT:
Even changing from straight execution to rotten to death, reversing a verdict gives the impression, the crime should not be taken serious, which is motivating for whom?
In all countries without death penalty, even with the option of securing protection of the public ) (Sicherheitsverwahrung in Germany) there is no life sentence, as it is 25 years and than early release after 10 years which is by life expectancy.of 80 years not a life sentence, and in France very often murderers get out after 4 years ( fighting prison overpopulation by letting you yocruiters for crime that cause prison overpopulation).Actually taxfraud can potentially give a longer sentence than murder.
Idol and Icon says
I’m not convinced, at all. Execution should take place no matter what, period. Arguments for or against are merely words. Execute these scum or society will rot from within.
gravenimage says
Jehuda Ewert wrote:
the slowest execution is depriving of liberty until death
………………
There are people who will *always* be a threat to the populace–Jihadists like Tsarnaev among them. Execution or a true life sentence–this means without possibility of parole–are the only sane options.
jimmy says
“AOC Refers to Canonized Saint Fr. Damien Who Served Lepers as Part of ‘White Supremacist Culture’” https://www.breitbart.com/politics/2020/07/31/aoc-refers-to-canonized-saint-fr-damien-who-served-lepers-as-part-of-white-supremacist-culture/
gravenimage says
Well, this is just sickening–but hardly surprises…
Ted Tyler says
I agree that most of the people on death row are actually guilty of the crimes that they have been accused of; however, with a death sentence, you get appeal after appeal and this is a big financial drain on our justice system. I know that as Christians you are really strong on revenge and weak on forgiveness (unlike Jesus) – but from an economic point of view – just lock him up and throw the key away.
Linde Barrera says
To Ted Tyler- A person has to have a spiritual experience with Jesus Christ, Lord and Savior, God Incarnate before he/she can be changed.
In the case of “The Joker” Dzhokhar Tsarnaev has he repented? Has he publicly declared his sorrow for inflicting pain and death on so many? And if he has, does that mean he should not face trial for his past crime/terror act? Lastly, if he got out of prison, would you volunteer to be his next door neighbor?
gravenimage says
The idea that Jesus would have been in favor of letting Jihadists go to murder again is *very* questionable. And how is a just sentence “revenge”? What calumny.
Aunty Podes says
I do hope the judiciary realise what they are doing. They are:-
1. Robbing this martyr of his reward in as much as, by the time he gets his allotted bunch of sex-mad virgins, he will be passed his use by date and totally incapable of servicing them.
2. At the same time robbing all those yearning lasses of their brief thirty seconds of pleasure before he shoots his premature load.
Have they no heart or conscience – as well as being unutterrably stupid?
O-O says
Shades of Roger Stone. He (RS) was not as “fairly” treated.
Giacomo Latta says
“I don’t even know if I’d waste my time going,” Campbell said. “The government’s just wasting money. He should be dead by now for what he did.”
I guess you have to have a loved one die in order to understand what is going on. For other judicial players it is just too complicated. And what a waste of human and financial resources.
Phil says
Execute. Tax payers are paying to keep this alive while his victims have been dead for years! Get on with it to send a clear message to the enemies of the West.
James Lincoln says
My niece, who lives in Boston, was planning on attending the 2013 Boston Marathon with her husband.
They were planning on watching the marathon at the exact place where the bombings took place.
Her husband fell asleep on the couch, and they did not go…
gravenimage says
James, glad they stayed safe.
No Muzzies Here says
There is a lot mentally afflicting many Americans. First, Rolling Stone had his picture on its cover. Them many immature airhead females fell in love with him.
After 9/11, Muslims mysteriously became America’s #2 victim group and were empowered to claim discrimination for the annoyance of the day. That collective psychosis can lead to Tsarnaev being set free.
Linde Barrera says
To No Muzzies Here- What you stated is all too true, but I hope he does not get set free, no matter how many people in America love the “Religion of Peace”.
And we all have to remember that there is doctrine and there is human behavior. Many times the doctrine influences and guides human behavior in positive ways, but in the case of Islam, it does not. 95% of the world’s Muslims do not adhere to, or obey verses 8:12 and 9:5 in the Quran; thus making a choice to disobey those verses. I commend them. The 5% who do adhere to those verses like Boko Haram and ISIS do a lot of damage. I personally believe Satan the devil is Allah and millions of Muslims have been brain- washed into thinking Allah is “merciful and forgiving” when he is rotten to the core.
Rooster says
This murderer should have been executed as ordered by the initial sentence. No excuse for the disregard of the law except Obama’s judges are everywhere to subvert justice. I’m not surprised but disappointed at the spineless cowards called Congressmen who do not represent We the People or “The rule of Law”. All three branches of our government are corrupt! You are a fool to expect anything less than deceit. Be discerning people and you may survive what’s coming.
Pray for peace but be prepared for war!
curious says
@Rooster, you refer to “Obama’s judges”, but what about the Reagan and Clinton appointees who wrote the opinion in this case and concurred in the judgment?
OLD GUY says
Lawyers make a wealthy living off of the appeals process for criminals like Tsarnaev, even when their clients guilt is unquestionable. We the TAX payer paid for this terrorists defense at his trial and then we pay the attorney that files the appeal, win or lose. Now with his tax payer attorney paid we will pay tens of thousands of our dollars to support this terrorist in prison. What a waste of tax dollars.
And if he is unhappy with his prison food or conditions he will sue the prison system once again at our expense. But the lawyers love it.
Myron J. Poltroonian says
A friend of mine, from “Back In The Day”, wrote a song about that. He called it, “Lawyers In Love”. ,.
HEGEMON says
These 0bama appointed judges are a menace to America. EVERY.SINGLE.ONE.OF.THEM.
curious says
@HEGEMON, you refer to judges appointed by President Obama, but what about the Reagan and Clinton appointees who wrote the opinion in this case and concurred in the judgment?
gravenimage says
Many judges are clueless about the threat of Islam. Judge George A. O’Toole Jr was indeed appointed by Clinton.
Ben Kennedy says
All this court did was tell everyone that in order to escape a death sentence, all you have to do is commit a crime so hideous that the news coverage will have everybody talking about it. The result is they can never en-panel a jury, or even a judge, that has not heard the news story about the crime.
If Not Now When says
Its not the fact that there is news coverage, it is just that local coverage is much more intense. The judge erred in not granting a change of venue, but the appeals court kept their decision narrowed to the punishment phase alone.
Zé Manel Tonto says
Timothy McVeigh was executed 4 years after his conviction 6 years after the Oklahoma city bombings.
Tsarnaev was convicted 5 years ago for a bombing that happened 7 years ago.
Something went very wrong in the past 30 years.
gravenimage says
Yep.
If Not Now When says
McVeigh dropped his appeals allowing the execution to proceed.
Ren says
If he could, he would kill again in the name of islam.
gravenimage says
Yes–if he is ever let out–unlikely but not impossible in this mad climate–I’m sure he will try again.
Frank Anderson says
GI, could it be worth remembering that Mohammed Atta, who was a key part of the 9/11 murder of 3000 people in the US, was at one time a prisoner in Israel, with I believe a life sentence, that was released by order of William Jefferson Clinton as a result of the Oslo Accords? Life sentences can be commuted, as can death.
curious says
@Frank Anderson, that rumor regarding Mohamed Atta turns out to be false and was debunked years ago:
https://www.snopes.com/fact-check/mohammed-atta-released-911/
gravenimage says
Thanks, curious.
Frank Anderson says
Thank you for the correction.
Debra says
Timothy McVeigh was executed for his crime within 6 years of conviction. Why not for this darling of Rolling Stone magazine? He’ll be kept alive in prison so, with the help of visiting imams, he can help convert the prison population to the poison of Islam.
Apparently, true justice for this creature will not be found on this earth.
Condolences to all who suffered through this devilish act.
Alan Volk says
The Us Legal system being used against itself. It is not an easy thing to order the life be taken of someone even though the act committed justified it. Here is a case where this should have been fulfilled but was blocked. The result now being that this person will now become a burden on the US society as they pay, month by month, year by year for this person Security and upkeep.
??Dansplace?? says
I’m surprised the liberal court didn’t order the prison to install his toilet facing “West” to support his islamic beliefs and teachings………
Jake says
182 pages. 182 page “decision”. That’s our law and judiciary. That’s all you need to know. The original US Constitution was 4 pages. We have entered the sickeningly decadent phase of our Republic. We don’t deserve to survive and so we won’t.