WASHINGTON D.C. (WBZ NewsRadio)— The Biden Administration hopes to reinstate the death penalty for convicted Boston Marathon bomber Dzhokhar Tsarnaev.
The case will go before the Supreme Court next week, and the Biden Administration is expected to argue that a jury did not need to examine evidence the government used earlier on during the case. Tsarnaev's guilt is not up for debate in this case, rather whether he should be sentenced to life in prison or get the death penalty.
The main focus of this case is on evidence used in a successful appeal by Tsarnaev's lawyers last year that led to his death sentence being changed to life in prison.
Evidence used by the defense implicated his older brother Tamerlan in a 2011 triple killing in Waltham on the 10 year anniversary of Sept. 11 in an effort to portray him as the mastermind of the attack on the marathon in 2013. This was an effort by Tsarnaev's lawyers to paint the younger brother as impressionable and less responsible for the attacks.
During Tsarnaev's appeal, the federal appeals court ruled the trial judge should not have excluded this evidence and questioned if the judge questioned jurors enough about their exposure to the news coverage of the bombing. The Trump Administration appealed the decision and the Biden Administration elected to continue the appeal.
The case will go before the Supreme Court on Wednesday, Oct. 13, only two days after this year's Boston Marathon.
WBZ's Shari Small (@ShariSmallNews) has the story.