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Marathon Bomber Lawyers Want New Trial 12/01 06:31

   BOSTON (AP) -- Lawyers for Boston Marathon bomber Dzhokhar Tsarnaev are 
heading to court to urge a judge to grant him a new trial.

   Judge George O'Toole Jr. is scheduled to hear arguments Tuesday in U.S. 
District Court, but only on the portion of Tsarnaev's motion related to a U.S. 
Supreme Court ruling issued after Tsarnaev's trial.

   Three people were killed and more than 260 others were injured when twin 
bombs placed near the marathon finish line exploded on April 15, 2013. Tsarnaev 
was convicted of 30 federal charges and sentenced to death for his role in the 

   Tsarnaev's lawyers argue that a Supreme Court ruling in June puts 15 of his 
convictions in jeopardy. The ruling centered on the legal definition of a 
"crime of violence," a distinction that can carry stiffer penalties. The court 
struck down part of the definition as unconstitutionally vague.

   Tsarnaev's defense team says the ruling requires throwing out the 
convictions on those 15 counts. They also say he should get a new trial to 
decide his punishment because the jury's imposition of the death penalty on 
other counts likely was influenced by the 15 counts related to crimes of 

   "The defense is urging that the (Supreme Court) decision should be a 
catalyst to reopening the entire penalty phase. The argument is that these 
convictions are in jeopardy and that those counts somehow clouded the jury's 
judgment on the death-eligible sentences, therefore, all of the sentences 
should be looked at again," said Daniel Medwed, a professor at Northeastern 
University School of Law.

   During the trial, Tsarnaev's lawyers admitted that he and his older brother 
carried out the bombings, but said his brother was the mastermind and Dzhokhar 
did not deserve the death penalty.

   Tsarnaev, 22, is being held at the federal Supermax prison in Colorado. He 
will not be brought to Massachusetts for the hearing.

   In their motion for a new trial, Tsarnaev's lawyers also argue that he 
deserves a trial in a different location because jurors in greater Boston could 
not be impartial due to intense pretrial publicity, local outrage over the 
attack and heavy media coverage during the trial of events marking the second 
anniversary of the bombings and the people who were injured.

   The judge also will hear a motion from prosecutors to order Tsarnaev to pay 
restitution to the victims.


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