The Boston Marathon bomber’s case is heading back to court, putting the 2013 tragedy back in the spotlight as his lawyers argue a tainted jury sentenced him to death, reports the Wall Street Journal. Dzhokhar Tsarnaev’s attorneys argue that they were wrongly blocked from showing the jury more evidence that his older brother was the domineering leader behind the deadly bombing. The U.S. Court of Appeals for the First Circuit hears arguments Thursday. Tsarnaev’s legal team has long acknowledged he was one of the bombers, but have sought to keep him from being executed, arguing for a lifetime behind bars. The brothers planted pressure-cooker bombs at the finish line in April 2013, killing three people while causing 17 others to lose their legs. They also shot and killed a campus police officer in Cambridge while trying to flee days later.
Tamerlan, the older brother, was killed during a confrontation with police, Dzhokhar was captured, and two years later, a jury sentenced him to death. His lawyers argue holding that trial in Boston was a mistake. “Tsarnaev was tried in a community still suffering from his crimes,” they told a court. “The bombings targeted and terrorized every member of this large community, which grieved and recovered as one: Boston Strong.” The lawyers cite the trial of Oklahoma City bomber Timothy McVeigh, which was held in Denver in 1997. He was executed in 2001. The defense also argues the jury was tarnished because of issues with two jurors. The foreperson allegedly hid Twitter posts where she mourned victims, praised police who would testify at trial and made disparaging remarks about Tsarnaev. Another talked about the jury selection process on Facebook. The federal government hasn’t executed any prisoners since 2003; there are 62 on death row.