TSARNAEV LAWYERS: SUSPEND JURY SELECTION OVER PARIS ATTACKS

[Omaha Steve]

Source: AP

BY DENISE LAVOIE

BOSTON (AP) -- Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a judge on Tuesday to suspend jury selection in his trial for at least a month because the recent terrorist attacks in France have again placed the marathon bombings "at the center of a grim global drama."

The lawyers said a delay would allow some time "for the extraordinary prejudice flowing from these events - and the comparison of those events to those at issue in this case - to diminish."

They said potential jurors have been instructed to avoid media reports about Tsarnaev's case, but were exposed to reports about the French attacks. Jury selection began last week.

"Almost immediately after the attacks, the press, politicians, and commentators drew parallels between the French attacks and the Boston Marathon bombing," the lawyers wrote.

FULL story at link.


AP Photo/Jane Flavell Collins

Read more: http://hosted.ap.org/dynamic/stories/U/US_BOSTON_MARATHON_BOMBING_FRANCE_ATTACKS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2015-01-13-18-52-05

[alcibiades_mystery]

1. Kinda agree with the defense here

Dude's not going anywhere. I don't see how a month to let things cool really hurts anyone.

[AtheistCrusader]

2. Sure, it's not like the victims and their families are looking for closure here or anything.

Why not. What are the odds there'll be another similar international-news-making attack in the next month.

[lastlib]

8. Closure seems to be another word for vengeance.

By giving the guy a fair trial, we can demonstrate to the world that we really are above the terrorists and not the great satan they try to protray. Tsarnaev has a reservation at the Hotel Leavenworth with his name on it, how much difference does it really make when he actually checks in?

[AtheistCrusader]

9. He'll get a fair trial even if it starts tomorrow.

"how much difference does it really make when he actually checks in?"

Again, I defer to the victims. I have a preference, but not a conviction.

[treestar]

12. What if he is acquitted or found not guilty by reason of insanity?

The trial isn't just for show.

The victims decide nothing. We have a legal system to avoid vigilantism.

[AtheistCrusader]

13. I will accept the jury's verdict.

I expect the sentence, if any, to be commensurate with any crime he may be convicted of.


My comment is aimed at the original poster that didn't perceive a delay "hurts anyone.". I can think of many parties further aggrieved by delay.

[treestar]

20. If the delay is decided by the courts

it is to preserve a fair trial. That's the justice system's number one value.

And it ought to remain that way, instead of trying to make it about the victims, a recent trend. Their emotions may be important, but should not interfere with a fair trial for any accused. Where the victim is not a witness, their emotional state should not be so important that the rules of fairness in deciding guilt or innocence should be compromised.

[AtheistCrusader]

22. We're coming up on the 2 year anniversary of his indictment.

I don't think anyone can be fairly accused of rushing the trial at the expense of a fair trial for the accused.

[treestar]

23. The delay is not for the sake of delay

But because of recent events that happened to occur now.

[AtheistCrusader]

25. I disagree, but that's like... my opinion, man.

And I accept that.

This seems a convenient defense tactic, to me. If that's the bar for calming things down for a fair trial, the trial will never complete.

I guess last June-July were pretty quiet.
http://en.wikipedia.org/wiki/List_of_Islamic_terrorist_attacks

[LisaL]

17. He isn't insane.

As far as I can tell, "not guilty by reason of insanity" defense isn't even an option.

[treestar]

21. Not the point.

And it will be up to the jury or judge/jury.

[LisaL]

27. The point is, judge/jury can not consider the "insantiy" defense if defense isn't requesting it.

[Yo_Mama]

3. Not long before France, there was the horrific school assault in Pakistan

And then there are other killings in other venues.

http://en.wikipedia.org/wiki/2014_Peshawar_school_massacre

There's usually publicity for a Western-hostage killing by Isis.

Then there's international debate about the occasional mass murder of villagers or army/police as ISIS moves into an area. If there's going to be an effect, I would say the Dec. 16th school assault would be the most prejudicial, because there children were explicitly targeted.

If you let this claim succeed, when will jury selection resume?

[Raine1967]

7. This is a defense tactic, IMO.

and I see it failing badly.

I see alcibiades_mystery's point, but I don't think it will succeed. The defense looks rather pathetic is they are using international happening to prevent the case from going forward.

having said that, I understand they are going to try everything they can to stop this from going to court.

[marions ghost]

29. Agree, it's pathetic

creative legal maneuvering that probably really isn't about the Paris incident at all.

[Raine1967]

6. I don't see it happening, the defense is really looking silly now.

They tried a similar tactic 2 weeks ago:

Judge Denies Request To Delay, Move Boston Marathon Bombing Trial

The lawyers, in their appeal to the higher court, again argued Tsarnaev couldn’t receive a fair trial in the Boston federal courthouse a couple of miles from where the bombing occurred. Prosecutors, they said, were likely to depict the crimes as having affected not only those killed and injured but nearly the entire greater Boston community.
“Thus, every member of the jury pool is, in effect, an actual victim of the charged offenses,” the defense attorneys wrote.

[marions ghost]

30. The prosecutors would be correct

in depicting the crimes as having injured the greater Boston community.

[nampv]

4. Why

Why

[Raine1967]

5. The article explains why. eom.

[uppityperson]

14. read the article

Innocuous

[Jack Rabbit]

10. For my part, I don't that's necessary

Mr. Tsarnaev was not in Paris last week and can't be held responsible for what happened there.

On the hand, there are many people for whom guilt by association is a normal part of thinking. Such people, I suspect, have been listening to too much political "debate." Furthermore, I suspect it mostly comes from Glenn Beck, Rush Limbaugh or FoxNews.

[Fearless]

11. In the effort of justice, I agree with this tactic.

It doesn't matter that he isn't related to it, it is a way to sway jurors potentially.

[Thor_MN]

15. Well sure, th attacks in Paris have given terrorism a bad name...

Have to have time to let the current negative connotations with terrorism subside.

[LisaL]

18. Just to think that terrorsim had such a good reputation before the attack in Paris.

Considering that terrorist attacks happened so frequently, if he is allowed a delay based on this, the trial might never take place.

[christx30]

19. "Today, 95 year old Dzhokhar Tsarnaev was convicted of terrorism related charges

stemming from the 2013 Boston Marathon bombings. He was sentenced to 150 years incarceration. Mr. Tsarnaev was immediately rushed to a near-by hospital under armed guard, where he died."
---- Boston Herald, October 4th, 2088

[treestar]

24. It's very similar

Two brothers who ran from the scene (rather than staging the suicide right there).

They aren't trying it over the Nigerian attacks or any others.

At least people should consider the question rather than bringing up these red herrings.

[LisaL]

26. You can consider the question all you want.

Judge already ruled against it.

[840high]

28. Good.

[olddad56]

16. Good idea, because the attack in Paris will be the last terrorist attack ever,

so in a month, they can get on with the trial.