The accused Boston Marathon bomber’s Hail Mary to change trial venue
Federal appeals court takes up Tsarnaev’s argument that an impartial jury can’t be found in a city scarred by deadly attack
BOSTON--The federal judge overseeing the trial of accused Boston Marathon bomber Dzhokhar Tsarnaev said he has found 54 of the 70 people needed for a suitable jury pool and predicted opening arguments would begin in the “near future.”
But on Thursday, Tsarnaev’s attorneys will make a last-ditch effort to move the trial out of Boston, renewing their argument that it’s impossible to find a truly impartial jury in a city where so many residents were affected by the deadly 2013 attacks.
A three-member panel of the U.S. Court of Appeals for the First Circuit has agreed to hear arguments on whether to move the high-profile trial out of Boston to a more neutral city like Washington, D.C. — a request that has already been rejected three times by the presiding district judge in the case, George O’Toole.
In January, the same appeals court declined to intervene in the case, voting 2-1 against Tsarnaev’s bid to delay or move the trial. But this time, the higher court agreed to hear oral arguments on the change-of-venue bid, offering the defense a slim opening in what is likely its final chance to stop the trial from happening in Boston.
The hearing comes as jury selection has dragged on for more than a month, delayed by a series of snowstorms that have hobbled the Boston area and by the fact that many prospective jurors individually questioned in the case say they already believe Tsarnaev is guilty or were somehow touched by the bombings.
Of the 1,337 Boston-area residents summoned for the trial, 68 percent of those called to serve already believe Tsarnaev is guilty, according to the defense, while 69 percent have a “self-identified” connection to the bombings, meaning they were affected or knew someone who was. ...
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