The legal saga of Boston Marathon bomber Dzhokhar Tsarnaev took another turn as a federal appeals court directed a lower court to investigate potential juror bias in his trial. Despite his current death sentence standing, the 1st U.S. Circuit Court of Appeals ruled yesterday that a probe is necessary to decide whether two jurors, who may have been biased, were wrongfully seated during Tsarnaev's trial, according to a report from NBC Boston.
In the 2013 attack that resulted in three deaths and left hundreds injured, Tsarnaev, now 30, was handed the death penalty, a decision which the U.S. Supreme Court reinstated after a previous appeal. However, the appeals court has now highlighted concerns that the initial judge's investigation into juror bias "fell short of what was constitutionally required." If found that either juror should have been disqualified due to bias, Tsarnaev will be granted a new trial to reassess his penalty, as per the court's instructions, CBS Boston reported.
One of the jurors at the center of scrutiny allegedly retweeted a post before the trial began, labeling Tsarnaev a "piece of garbage," despite claiming to have not commented on the case online. Another juror is accused of concealing that a Facebook friend had discussed the trial, even encouraging him to "play the part" to secure a place on the jury and ensure Tsarnaev's conviction. These claims surfaced after Tsarnaev's defense team pushed the 1st Circuit to consider issues not addressed by the Supreme Court.
Views on the necessity of this inquiry are divided. Marc Fucarile, who lost his right leg in the bombing, called the probe "a waste of taxpayer dollars," defending a convicted murderer. "Does it matter how anybody on that jury felt?" Fucarile told CBS Boston. "His actions were what they were, If someone had a bias, would it have changed anything?".
The implications of the appeals court's decision mean the legal proceedings could be prolonged yet again. This is a recurring nightmare for the families of the victims, who must relive their tragedies with each new development in the case. As reported by CBS Boston, former federal prosecutor Brian Kelly noted the appeals court panel was not unanimous and suggested there's a chance the investigation may not come to fruition. "There's probably a 50/50 chance this never plays out," Kelly said.
