Last July, a federal appeals court ruled that Tsarnaev would remain in prison for the rest of his life for “unspeakable atrocities” but that he should face a new sentencing hearing, citing issues of jury choice. and the failure to properly examine the screen. jurors for bias.
The appeals court has released the death sentence with orders to hold a new sentencing trial, but warned: ‘do not make a mistake’ Tsarnaev will spend his remaining days in jail. ‘
Tsarnaev was convicted in 2015 of the deaths of Krystle Campbell, Martin Richard, Lingzi Lu during the marathon and, among others, police officer Sean Collier. He is being held in federal prison in Florence, Colorado.
The Supreme Court is likely to hear the case later this year.
The Trump administration has asked the Supreme Court to intervene, arguing that the bombs’ caused devastating injuries that left the street with a devastated, battlefield appearance ‘with’ blood and body parts everywhere, strewn between BBs, nails, metal debris a glass fragment. ‘
The government’s petition set out the events on the day of the bombing in a methodical way and is deeply critical of the appellate court’s opinion that the sentence was overturned in what the government said ‘one of the most important terrorist prosecutions in the history of our country ‘.
Acting Attorney General Jeff Wall at the time urged the judges to take up the case this quarter, arguing that the “victims, the potential judges, the district court, the government and the country” did not have to bear the burdens associated with the restoration of the principal punishment.
It is unclear whether, even if Tsarnaev’s death sentence is reinstated, or he would be killed, given the opposition of the Biden government against the federal death penalty.
Nevertheless, although the Trump administration has brought the appeal to the Supreme Court, there is no indication that the Biden Justice Department is changing its legal position in the case, said Steve Vladeck, analyst and professor at the CNN Supreme Court.
“It could be that the legal issue, about how carefully district courts should investigate prospective judges in key cases, is one that the current Department of Justice wants the judges to clear up, even if it does not intend to pass a possible death sentence. do not lead the way, ‘Vladeck said.
This story has been updated with details of the case.
CNN’s Devan Cole contributed to this report.