On Wednesday, August 21, 2024, NBC10 Boston reported that attorneys for Boston Marathon bomber Dzhokhar Tsarnaev sought the recusal of the judge overseeing his legal challenges to his death sentence. According to the report, Tsarnaev’s lawyers argued during a hearing in federal court in Boston that U.S. District Court Judge George O’Toole should be removed from the case.
The attorneys pointed to comments they said Judge O’Toole made about the case on podcasts and at public events during the appeals process. However, prosecutors stated they do not oppose a hearing on the recusal request but believe the motion itself lacks merit. Judge O’Toole scheduled a hearing next month to specifically address the recusal request. Tsarnaev was not present at the hearing.
As the judge considering the recusal, O’Toole said he wants to “dispose of that issue immediately, one way or another.” Additionally, he ordered that all future case filings be done under seal to protect the integrity of the legal process.
One of the victims of the 2013 marathon bombing, Mikey Borgard, attended the hearing. Borgard recounted being injured as he walked home from work at the time of the explosions. He suffered lasting hearing loss and post-traumatic stress disorder but wears hearing aids.
While opposing the death penalty across the board, Borgard said the long legal battle since the attack has taken an emotional toll. “I was 21 when the marathon happened. I’m 33 now. This has been a very, very long process and I really kind of wish it was over,” he stated.
As background, a federal appeals court in March ordered Judge O’Toole to investigate claims of juror bias in Tsarnaev’s original trial. If biases are found, the judge could vacate the death sentence and order a new penalty phase trial.
This stems from the 1st Circuit appealing Tsarnaev’s sentence in 2020 over insufficient juror screening. While the U.S. Supreme Court reinstated the death penalty in 2022, the appeals court reexamined issues not considered, such as trial location, and denied juror challenges.
Tsarnaev’s involvement in the bombing deaths is not in dispute, but his attorneys argue he fell under the radicalizing influence of brother Tamerlan. The death penalty challenges continue nearly 11 years since the tragic attack that killed three and injured hundreds.
Source: NBC10 Boston
