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Eugene

(61,964 posts)
Sat Feb 28, 2015, 07:06 AM Feb 2015

U.S. appeals court says Boston bomber trial can stay in city

Source: Reuters

U.S. appeals court says Boston bomber trial can stay in city

Fri Feb 27, 2015 11:43pm EST

(Reuters) - A U.S. appeals court on Friday ruled the trial for the accused Boston Marathon bomber can go ahead in the city, over attempts from his attorneys to change the venue on the basis an impartial jury could not be seated so close to the site of the 2013 attack.

The split three-judge panel of the U.S. First Circuit Court of Appeals backed District Judge George O'Toole, who has three times rejected pleas by Dzhokhar Tsarnaev's lawyers to move the trial out of Boston, where the bombing killed three people and injured 264.

"We are unable to conclude that it is clear and indisputable that the petitioner cannot receive a fair trial by an impartial jury in the Eastern Division of Massachusetts," the judges wrote in the 80-page opinion.

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That degree of personal connection to the incident will make it very difficult to empanel an impartial jury in the city, said attorney Judith Mizner, who is representing the 21-year-old Tsarnaev.

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Read more: http://www.reuters.com/article/2015/02/28/us-boston-bombing-trial-idUSKBN0LW05O20150228

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