Appeals court overturns Boston Marathon bomber Dzhokhar Tsarnaev’s death sentence

Court overturns Boston Marathon bomber's death sentence

His brother, Tamerlan Tsarnaev, was killed in a gun battle with police days after the two brothers detonated two pressure-cooker bombs near the marathon finish line. Restaurant manager Krystle Campbell, 29, was also killed in the attack by a bomb placed by Tamerlan.

The U.S. Appeals Court has vacated the death sentence for convicted Boston Maraton bomber Dzhokhar Tsarnaev, writing in a ruling Friday and citing a judge's error.

Tsarnaev's legal team had pushed to change the venue of the trial to a courthouse that wasn't so close to the site of the bombing, in the heart of a town so affected by the tragedy.

An appeals court overturned Dzhokhar Tsarnaev's death penalty sentence on Friday, ordering a new trial.

The surviving brother was found guilty in 2015 on multiple charges, including use of a weapon of mass destruction resulting in death, and aiding and abetting. Tsarnaev's attorneys had filed a post-trial motion for judgments of acquittal on these convictions that the district court judge denied.

Tsarnaev's conviction for helping to carry out the bombing that left three people dead and over 260 injured is being upheld, but a new trial will take place to determine a different sentence.

"But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution", the judges said.

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The ruling states that the judges make no judgement about whether Boston is a "proper venue" for a sentencing retrial, and says it is a decision that should be left to the US District Court for MA, where the initial trial was held.

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

Tsarnaev is being held in federal prison in Colorado.

Tsarnaev and his elder brother Tamerlan, both Kyrgyz-American nationals of Chechen descent, planted bombs close to the finish line of the Boston Marathon on 15 April 2013.

Dzhokhar later admitted to police that the bombing at the Boston Marathon was supposed to be the first of multiple attacks.

The bombs tore through the packed crowd and caused many people to lose legs.

A massive manhunt led by the Federal Bureau of Investigation was launched in the wake of the bombing. After they stole an SUV, the two were chased by police. Tsarnaev's brother died later that night after a gunfight with police, which ended when Dzhokhar ran him over with a stolen auto.

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