nb_cid nb_clickOther -tt-nb this.style.behavior='url(#default#homepage)';this.setHomePage('http://www.aol.com/?mtmhp=acm50ieupgradebanner_112313 network-banner-empty upgradeBanner
14
Search AOL Mail
AOL Mail
Video
Video
AOL Favorites
Favorites
Menu

Marathon bombing suspect's lawyers seek dismissal



By BOB SALSBERG

BOSTON (AP) - Lawyers for Dzhokhar Tsarnaev asked a judge on Friday to dismiss indictments against the Boston Marathon bombing suspect and put on hold further proceedings in the case over concerns about the process of selecting jurors in federal court.

Tsarnaev's attorneys said in a motion that a three-year review they conducted into the makeup of both grand juries and trial juries in the District of Massachusetts turned up "substantial violations" of both the federal jury selection law and a constitutional requirement that juries represent a fair cross section of the population.

Specifically, the lawyers cited an underrepresentation of African-Americans and people over 70 on juries.

Prosecutors say Tsarnaev and his older brother, Tamerlan, set off the two bombs at the Boston Marathon's finish line last year, killing three people and injuring more than 260.

Rules used in the Massachusetts district to select jurors allow people over 70 to opt out of jury service, the attorneys wrote, violating the fair cross section requirement of the U.S. Constitution.

About 96 percent of people age 70 or older who were summoned for duty on the grand jury that indicted Tsarnaev opted out of service, the motion said, and a similar percentage of people over 70 opted out from all juries in the eastern division of the district between 2011-2013.

"Being over age 70, like race, sex and national origin, is an immutable characteristic - one cannot get younger - and exclusion on the basis of such a characteristic gives rise to the appearance of unfairness," the lawyers wrote in the 15-page motion.

The motion also cited a failure in many cases to mail replacement summons for jury service when original summons are returned as undeliverable by the post office. The court's rule requires the clerk to choose, at random, the name of another resident who lives in the same zip code as the one that came back as undeliverable.

In the case of the jury pool that was used to create the grand jury that indicted Tsarnaev, about 5 percent of summons came back as undeliverable, but no replacement summons were sent, the defense claimed.

Federal prosecutors had not yet responded to the motion and an after-hours message left with the U.S. Attorney's office in Boston was not immediately returned.

Defense attorneys asked for dismissal of the indictment and a halt to proceedings in the case pending what they called "reconstitution of the jury wheel."

Tsarnaev has pleaded not guilty to terrorism charges and could face the death penalty if convicted. He is scheduled to go on trial Nov. 3, though his lawyers have said they will likely not be ready by that date.

Tamerlan Tsarnaev was killed during a shootout with police days after the explosion.

Join the discussion

1000|Char. 1000  Char.
yayabeanes August 22 2014 at 11:40 PM

Let's just say he doesn't go to trial and or is found not guilty...Just for the hell of it...Let's say he does get off...Does this piece of work really believe that after he walks out a free man that he will left alive to live as a free man among Americans.

Flag Reply +100 rate up
36 replies
thbassist August 22 2014 at 11:41 PM

This jury selection process is good enough for everyone else. Talk about a lame motion... lol

Flag Reply +101 rate up
13 replies
Tia August 22 2014 at 11:42 PM

Leave it to a slimy lawyer to try to get this terrorists case thrown out.

You need to cut off his head and stick it on a pole as an example of what will happen to the next evil person that pulls this stunt.

Flag Reply +108 rate up
41 replies
Jogdog August 22 2014 at 11:53 PM

Lawyers are educated liars and psychopaths. Why is he still alive when he has virgins to rape in heaven.

Flag Reply +100 rate up
22 replies
craig August 23 2014 at 12:23 AM

These Savages want OUR laws to protect them??? They are trying to Destroy our Country and LAWS!!! They have NO RIGHTS!!!! NONE!!

Flag Reply +104 rate up
26 replies
lodgebrook August 22 2014 at 11:44 PM

I had thought that this media created curley haired rock star, terrorist drove over his brother in his escape from law enforcement. Shouldn't Dzhokhar Tsarnaev be charged with his brothers death?!

Flag Reply +99 rate up
11 replies
clark August 22 2014 at 11:58 PM

if this punk gets his case dismissed he will be dead within the hour,America can be a very dangerous place,,,no threat, just an observation,,better stay in jail rag head...

Flag Reply +99 rate up
8 replies
Jeremiah August 23 2014 at 12:03 AM

The guilty know how to play our broken system of justice, get the most craven lawyers and avoid paying for their crimes even when caught absolutely red-handed. The perps almost always get better treatment than their victims.

Flag Reply +99 rate up
7 replies
rvheaney August 23 2014 at 12:10 AM

Dzhokhar Tsarnaev is muslim scum.... But the scum that are his lawyers make him look like a saint !

Flag Reply +99 rate up
14 replies
oneracehorse August 23 2014 at 12:13 AM

Do what other countries would do .....execute tomorrow then this doesn't happen again......SIMPLE AND LESS COSTLY

Flag Reply +99 rate up
8 replies
aol~~ 1209600

Voting...

More From Our Partners