Prosecutors To Appeals Court: Don't Move Boston Bombing Case
BOSTON (CBS/AP) — Prosecutors have urged a federal appeals court to reject a bid to move the trial of Boston Marathon bombing suspect Dzhokhar Tsarnaev out of Massachusetts.
In a filing Tuesday with the 1st U.S. Circuit Court of Appeals, prosecutors noted that the judge has already qualified 54 people to serve as jurors. They said of those, 63 percent indicated they have not formed an opinion that Tsarnaev is guilty and 37 percent indicated they could set aside their opinions and be impartial.
Tsarnaev's lawyers say he cannot receive a fair trial in Massachusetts because too many people believe he's guilty and have personal connections to the marathon or bombing.
As an example of the "ongoing and pervasive public reminders of the Marathon bombings and their aftermath," the defense submitted a February 12 photo of a cement truck near the Moakley Courthouse bearing the slogans "Boston Strong"; "This is Our * * * * * * * City"; and "Thank You First Responders."
The defense also said that a Boston Strong banner "literally overshadowed" the court in 2014.
"Given the impacts of the events at issue in this case on potential jurors and the communities in which they live, coupled with ubiquitous daily and often emotional reminders of those events, it is not reasonable to expect jurors from this division to set aside those influences and to provide the fair and impartial jury the Constitution requires," the defense said in a filing.
Three people were killed and more than 260 injured in the 2013 attack.
The appeals court will hear arguments Thursday.
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