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Home / US / Federal Court of Appeals hangs Tsarnaev’s death sentence and orders new trial in sentencing phase

Federal Court of Appeals hangs Tsarnaev’s death sentence and orders new trial in sentencing phase



Even though he and his brother caused “battlefield-like carnage” when they bombed the Boston Marathon in 2013, the death sentence of Dzhokhar Tsarnaev should be emptied until a new phase of punishment is proven.

The decision came from the U.S. Court of Appeal for the First Circuit.

“A central promise of our criminal justice system is that even the worst among us deserve to be tried fairly and punished legally,” Judge O. Rogeriee Thompson wrote to the court. The ruling found that the judge presiding over Tsarnaev̵

7;s 2015 trial “did not meet the standard” of justice.

The 224-page decision ordered “a new trial strictly limited to what punishment Dzhokhar should get on the number of eligible for death.”

A spokesman for U.S. Attorney Andrew E. Lelling’s office said Friday afternoon that prosecutors were still reviewing the sentence and will have more to say in the coming weeks. Two of Tsarnaev’s appeal lawyers did not immediately return an e-mail seeking comment.

The judges said in the sentence, “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 execute it. “

Thompson joined the panel of three judges from Judges Juan R. Torruella and William J. Kayatta Jr.

This is a breaking news story that will be updated.


Travis Andersen can be reached at travis.andersen@globe.com. Follow him on Twitter @TAGlobe.




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