Boston Marathon bomber Dzhokhar Tsarnaev has death sentence overturned on appeal

Boston Marathon bomber Dzhokhar Tsarnaev has death sentence overturned on appeal

Fox News contributor Trey Gowdy joined Fox News Radio's "The Guy Benson Show" Friday to react to the breaking news that a federal appeals court had thrown out the death sentence for Boston Marathon bomber Dzhokhar Tsarnaev.

A spokesperson for the U.S. Attorney's office in Bostonsaid they are now reviewing the opinion and declined further comment at this time.

But Liz Norden, the mother of two men who lost legs in the bombings, said the decision was a bitter disappointment.

"And in any case, he won't be getting out and hasn't been able to harm anyone since he was captured", he tweeted.

Dzhokhar was found guilty on 30 charges including using a weapon of mass destruction and for fatally shooting a policeman. He was convicted and sentenced to death in 2015 and has served time in a federal supermax prison in Colorado since.

One juror had said in Twitter posts that that she was "locked down" with her family during the manhunt and retweeted another post calling Tsarnaev a "piece of garbage", but later told the court she had not commented on the case or been asked to shelter in place, the defence said. "Dzhohkar Tsarnaev's death sentences on Counts 4, 5, 9, 10, and 14 are vacated, and the matter is remanded to the district court with directions to hold a new penalty-phase trial".

A panel of three judges ruled on Friday that the jury that convicted him was tainted by the intense news coverage in the aftermath of the bombing and ensuing manhunt. But O'Toole fell short, the judges found.

Alan Parker, director of Midnight Express dies at 76
Parker rose to prominence in the 1970s and made a splash with his first feature film, 1976 gangster musical " Bugsy Malone ". He moved into television with critically acclaimed 1974 drama The Evacuees , which won an global Emmy Award.

Juror 138, who worked for the Peabody water department, had posted on Facebook that he was in the jury pool for the case, prompting a friend to comment that "if you're really on jury duty, this guys got no shot in hell".

During the appeal hearing in December, the judges focused much of their questioning on juror bias, asking the lawyers why the two jurors had not been dismissed, or at least why the trial judge had not asked them follow-up questions after the posts came to light on the eve of the trial. On the day of Tsarnaev's sentencing, the juror changed her Facebook profile picture to an image that said "BOSTON STRONG", a rallying cry used in the wake of the bombing, the attorneys said.

"In sum", Torruella concluded, "the government can not show that the jury that convicted Tsarnaev and recommended that he be put to death was impartial".

"A core promise of our criminal justice system is that even the very worst among us deserves to be fairly tried and lawfully punished", Judge O. Rogeriee Thompson wrote for the appeals court.

"I see in Boston, where you have the animal that killed so many people during the Boston Marathon", Trump said.

Durkin Richer reported from West Harwich, Massachusetts.

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