BOSTON — A federal appeals court on Thursday ordered Boston Marathon bomber Dzhokhar Tsarnaev’s case to be returned to a lower court to probe claims of juror bias and determine whether his death sentence should stand.
“And even then, we once again emphasize that the only question in any such proceeding will be whether Tsarnaev will face execution; regardless of the outcome, he will spend the rest of his life in prison,” the court said. The 1st Circuit took another look at the case after Tsarnaev’s lawyers urged it to examine issues the Supreme Court didn’t consider. Among them was whether the trial judge wrongly forced the trial to be held in Boston and wrongly denied defense challenges to seating two jurors they say lied during questioning.
Oral arguments before the three-judge 1st Circuit panel more than a year ago focused on two jurors Tsarnaev’s lawyers say were dishonest during the lengthy jury selection process. Tsarnaev’s guilt in the deaths of Lingzi Lu, a 23-year-old Boston University graduate student from China; Krystle Campbell, a 29-year-old restaurant manager from Medford, Massachusetts; and 8-year-old Martin Richard, of Boston, was not at issue in the appeal, only whether he should be put to death or imprisoned for life.
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