The Associated Press

Tsarnaev Denied Extra Time To Seek New Trial Venue

BOSTON — Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev cannot have more time to file a motion to move his trial out of Boston, a judge ruled Friday.

The defense attorneys had said Wednesday they will seek a change of venue for his November trial, but asked that a June 18 deadline to file the motion be pushed back to Aug. 3.

Judge George O’Toole said in his ruling that he had already delayed the filing deadline from February to June. He said since the defense has already determined it will ask to move the trial, it is fair to infer “that the defense team has investigated and considered the pertinent issues.”

In their court filing, Tsarnaev’s lawyers asked for more time to analyze media coverage of the case before filing the request.

Earlier Friday, prosecutors filed a motion opposing the delay they said could jeopardize the trial date.

Tsarnaev has pleaded not guilty to 30 federal charges. He faces the possibility of the death penalty.

Prosecutors say Tsarnaev and his brother Tamerlan planted two bombs that exploded near the finish line of the 2013 Marathon, killing three people and injured about 260 others. Tamerlan died following a shootout with police several days later.

In a separate filing Friday, the defense also asked the judge to review Massachusetts State Police interview tapes in which a friend of Tamerlan Tsarnaev, shot by an FBI agent during a joint interview in Florida, implicated Tamerlan in a 2011 triple slaying in Waltham, Mass. The judge is considering a defense request for any information prosecutors have on Tamarlan’s connection to the Waltham slayings as they try to show Dzhokhar was influenced by his brother.

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  • Patriarch

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    Raytheon is a distributor.

    Judge O’Toole’s wife is a VIP there.
    O’Toole was not the assigned judge in April 2013.

    He was SELECTED in June 2013 according into the court docket entries.


  • furtive

    “These men ask for just the same thing; fairness, and fairness only. This, so far as in my power, they and all others shall have. ~Abraham Lincoln

    It has come to my attention that injustice at the hands of immoral interpretation has become a building block in modern journalism to the extent that the most basic human values, truth and fairness, have become second rate and irrelevant where dramatic effect is so coveted. Journalism, which was originally intended to deliver truth to the
    multitudes has become so shallow and fictional, biased and one-sided, that truth is nothing more than one point of view that is unworthy of coverage in an otherwise
    popular piece. The constitutional amendments that define our rights give power to the press. Unfortunately, wisdom is optional. This is damaging to the structure of our nation because that lack of wisdom has a direct and devastating effect on other amendments. Particularly Amendment VI, the right to a fair trial.

    Fair journalism and its impact on cases in pretrial is not a new topic. The Change of Venue rule or Transfer of Civil Actions under 28 U.S.C. § 1404(a), was originally enacted in 1961. While it was also intended to move trials as an act of convenience, it solved the problem of the influence of free speech/free press because at that time, most press was limited to local newspapers and television news. By moving the venue to another coverage area, the public was ignorant to the case. However in 1990, when national news media, via cable television, began growing and trending, the rule was never revisited as it applies to juror bias. It is almost commonplace to see reporters apologizing for misinformation delivered without proper confirmation of facts. The problem with that practice is not everyone who sees the original“ dramatic breaking coverage” or “new information on the case” piece, also sees the five minute apology three days later, either in small print or in the hour with the fewest viewers. Not to mention outright media conviction which bears no apology and drones no sympathy.

    Because of this lack of balance in the rights of the press versus the rights of an accused person, many people have been judged incorrectly and later acquitted on the basis of media bias in pretrial. But these are not the worst-case scenarios. Recent studies1conclude that of the 3000+ death row inmates currently awaiting execution, 86 human beings will suffer painful, cruel deaths at the hands of our law enforcers and 4 of those will be wrongfully convicted. With all of the recent press about botched executions compiled with the data on media bias and the wrongfully convicted, you can see why this has raised concerns among your readers.”

    • furtive

      an abundance of misinformation, unanswered questions and contradictive evidence has led a global civil rights movement to call attention to the prejudiced coverage that makes it impossible for the young man known as “Jahar” to receive a fair trial anywhere in Massachusetts or even the United States. In the interest of balanced journalism, if you must educate Americans on Tsarnaev’s alleged wrong-doings, perhaps you could also elude to the factual good deeds we know him to have accomplished, allowing potential jurors to better understand who they are judging.

      Jahar has been described by peers and mentors as “a sweet kid”, “a lovely guy”, “a wonderful kid” and “very laid back”3. He was the Greater Boston League winter all-star, sometimes worked as a lifeguard at Harvard University, and volunteered in the Best Buddies program.4One family member has described him as “the sweetest, most kindest person I know. We never saw him angry.” Although Jahar struggled in college, he was awarded a $2500 scholarship in high school and was expected to continue his enrolment and receiving financial aid at UMass-Dartmouth, indicating that his grades were not as bad as previously reported. He was always outspoken about the false association of Islam with terror and openly advocated for gay rights in America. Yet none of these facts have made your Boston Bomber headlines, giving the public the inaccurate portrait of a cold, radical home-grown terrorist.

      As if the scales weren’t tipped badly enough in favor of Tsarnaevs conviction, The Boston Herald openly called for vigilante justice when Howie Carr stated, “Why does someone who is on the record as wanting to die ASAP have a team of lawyers trying to prevent him from getting his fervent desire?” and “Who are we to deny the Joker his wish to became a shahied?” In the same article5Carr refers to Tsarnaev as a, “Muslim terrorist welfare-collecting punk” and names Tamerlan Tsarnaev “Speedbump” completely
      disregarding the feelings of his family members. Who could possibly enjoy the freedom of fair trial under these circumstances?

      Lastly I would comment on the refusal of mass media to highlight other possible suspects in the Boston Marathon Bombing, the most prevelent of these being Daniel Morley, of the Greater Boston area. On June 9th 2013, just two months after the Marathon Bombings, Morley was arrested for a disturbance and found to have all the ingredients needed to make a pressure cooker bomb like the ones used at the marathon6and even told his mother he knew Tamerlan Tsarnaev. But rather than be held under
      Special Security Measures7and introduced to the world as a “Bomber” he was placed in a phyciatric ward and forgotten, coincidentally at the same institution as another young man who allegedly left a backpack full of fireworks at the Boston Marathon finishline in 2014 then later filed a restraining order against Dzhokhar Tsarnaev.

  • X-Ray

    Why does it take the lawyers soo much time to prepare a case such as this (on both sides) except for “Billable Hours”?

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