Boston Marathon bomber files motion seeking new trial

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Condemned Boston Marathon Bomber Files Motion for New Trial

Boston Marathon bomber Dzhokhar Tsarnaev, who has been sentenced to death, filed a motion in federal court on Monday seeking a new trial, according to court records.

The preliminary motion for a new trial cited a lack of evidence in his trial this spring, according to documents filed in federal court in Massachusetts.

Tsarnaev was convicted in April of killing three people and injuring 264 in the bombing near the finish line of the world-renowned Boston Marathon in 2013, as well as fatally shooting a police officer three days later.

The same jury voted for execution by injection in May.

At his formal sentencing on June 24, the 21-year-old ethnic Chechen apologized and admitted he and his now-dead older brother carried out the attack.

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Boston Marathon bomber files motion seeking new trial
BOSTON, MA - MAY 13: TV cameras line the entrance of John Joseph Moakley United States Courthouse as the Boston Bomber Trial enters jury deliberations in the sentencing phase of the trail on May 13, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 13: Members of the legal defense team for Boston Marathon bombing suspect Dzhokhar Tsarnaev, including William Fick (from left), Miriam Conrad, Judy Clarke and Timothy Watkins leave John Joseph Moakley United States Courthouse after the beginning of jury deliberations in the sentencing phase of the Boston Bomber Trial on May 13, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 13: Members of the public line up to enter John Joseph Moakley United States Courthouse as the Boston Bomber Trial is slated to start closing arguments on May 13, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 11: A protester holds up a sign outside of John Joseph Moakley United States Courthouse as the Tsarnaev defense nears its end of presenting case in sentencing phase of the Boston Bomber Trial on May 11, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 11: Sister Helen Prejean is surrounded by media after testifying at John Joseph Moakley United States Courthouse as the Tsarnaev defense nears its end of presenting case in sentencing phase of the Boston Bomber Trial on May 11, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON, MA - MAY 04: Members of the legal defense team for Boston Marathon bombing suspect Dzhokhar Tsarnaev, including Miriam Conrad, (from left), Judy Clarke and David Bruck arrive at John Joseph Moakley United States Courthouse as the sentencing phase in the Boston Bomber Trial continues on May 4, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries and his relatives are expected to take the stand to testify. (Photo by Scott Eisen/Getty Images)
Members of the legal defense team for Boston Marathon bombing suspect Dzhokhar Tsarnaev, including (L-R) David Bruck, Timothy G. Watkins and Judy Clarke leave John Joseph Moakley United States Courthouse as the sentencing phase In Boston Bomber Trial continues on April 27, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
Members of the legal defense team for Boston Marathon bombing suspect Dzhokhar Tsarnaev, including William Fick (L) and Timothy G. Watkins walk away from John Joseph Moakley United States Courthouse during the first day of the sentencing phase of the Boston Marathon Bomber Trial on April 21, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to to his involvement in the 2013 bombing, which related in three deaths and over 250 injuries.(Photo by Scott Eisen/Getty Images)
BOSTON, MA - APRIL 21: Media and police vechicles are reflected in the entranceway of John Joseph Moakley United States Courthouse during the first day of the sentencing phase of the Boston Marathon Bomber Trial on April 21, 2015 in Boston, Massachusetts. Dzhokar Tsarnaev, 21, was found guilty on all 30 counts related to to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON - APRIL 8: The jury found Dzhokhar Tsarnaev guilty at the Boston Marathon bombing trial at Moakley Federal Court. Bombing survivor Karen Brassard pauses as she answers a question outside the courthouse after the verdict. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON, MA - APRIL 8: Dana Cohen, (from left), Carlos Arredondo, Karen Brassard, Liz Norden, Laurie Scher and Massport Fire Lt. Michael Ward at a press conference outside of John Joseph Moakley United States Courthouse following a verdict in the Marathon Bombing case on on April 8, 2015 in Boston, Massachusetts. Dzhokhar Tsarnaev, 21, was found guilty on all 30 counts related to his involvement in the 2013 bombing, which resulted in three deaths and over 250 injuries. (Photo by Scott Eisen/Getty Images)
BOSTON - MARCH 9: An artist's sketch of Dzhokhar Tsarnaev hangs on the wall outside the Moakley courthouse for videographers to record during the Marathon bombing trial. (Photo by Lane Turner/The Boston Globe via Getty Images)
BOSTON - MARCH 11: Members of the media film evidence from the Dzhokhar Tsarnaev Boston Marathon bombing trial on display at the Moakley Federal Courthouse in Boston on March 11, 2015 . (Photo by John Blanding/The Boston Globe via Getty Images)
BOSTON - MARCH 4: Opening statements in the trial of the Boston Marathon bomber took place at Moakley Federal Courthouse. A construction crew lowers a form to pour concrete in with the words 'Boston Strong' spray painted on it at a construction site directly across from the courthouse. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - MARCH 5: Boston Marathon bombing victim, Rebekah Gregory, right, arrived at Moakley Federal Courthouse in Boston, where the second day in the trial of Dzhokhar Tsarnaev got underway on March 5, 2015. (Photo by Wendy Maeda/The Boston Globe via Getty Images)
BOSTON, MA - MARCH 4: Joe Kebartas of South Boston protests the death penalty outside of the entrance to the John Joseph Moakley United States Courthouse during the first day of the Dzhokhar Tsarnaev trial on March 4, 2015 in Boston, Massachusetts. Dzhokhar Tsarnaev is charged with using a weapon of mass destruction in an attack on the April 15, 2013 Boston Marathon along with his brother Tamerlan, who was later killed during a shootout with police. (Photo by Scott Eisen/Getty Images)
BOSTON - MARCH 4: Jose Briceno, of Cambridge, Mass., protests outside Moakley Federal Courthouse, where opening statements began in the trial of Dzhokhar Tsarnaev on March 4, 2015. (Photo by Wendy Maeda/The Boston Globe via Getty Images)
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Attorneys for the convicted bomber described the motion as a "placeholder" and said they would spell out reasons for seeking a new trial in additional filings by Aug. 17.

Legal maneuvering over Tsarnaev's fate could play out for years. Just three of the 74 people sentenced to death in the United States for federal crimes since 1998 have been executed.

Three people died in the bombing: Martin Richard, 8, Chinese exchange student Lingzi Lu, 26, and restaurant manager Krystle Campbell, 29.

Three days later, Tsarnaev and his 26-year-old brother, Tamerlan, shot dead Massachusetts Institute of Technology police officer Sean Collier, 26.

Tamerlan Tsarnaev died following a gunfight with police that ended when Dzhokhar ran him over with a car.

At trial, prosecutors described the brothers as adherents of al Qaeda's militant Islamist ideology who wanted to "punish America" with the attack on the marathon.

Tsarnaev's attorneys admitted their client had played a role in the attack but tried to portray him as the junior partner in a scheme hatched and driven by his older brother, who was killed in a shootout with police a few days after the bombing.

(Reporting by Suzannah Gonzales and Ellen Wulfhorst; Editing by Barbara Goldberg and Bill Trott)

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Boston Marathon bomber files motion seeking new trial
BOSTON - APRIL 15: Police officers with their guns drawn hear the second explosion down the street. The first explosion knocked down 78-year-old US marathon runner Bill Iffrig at the finish line of the 117th Boston Marathon. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: Two explosions went off near the finish line of the 117th Boston Marathon on April 15, 2013. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON - APRIL 15: (EDITOR'S NOTE: THIS IMAGE CONTAINS GRAPHIC CONTENT) Destruction and injured people at the site of the one of the explosions that went off near the finish line of the 117th Boston Marathon. Barricades hindered the EMS from getting to the injured. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: A second explosion goes off near the finish line of the 117th Boston Marathon on April 15, 2013. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON, MA - APRIL 15: A man is loaded into an ambulance after he was injured by one of two bombs exploded during the 117th Boston Marathon near Copley Square on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Jim Rogash/Getty Images)
Runner John Ounao crying when he finds friends after several explosions rocked the finish of the Boston Marathon in Boston, Massachusetts, on April 15, 2013. At least two people were killed and 22 wounded when two explosions struck near the finish line of the Boston Marathon, sparking scenes of panic, police said. The streets were littered with debris and blood and paramedics raced off with stretchers as police locked down the area, witness said. TV footage showed an explosion sending up a white plume of smoke along the sidelines of the race. AFP PHOTO/John MOTTERN (Photo credit should read JOHN MOTTERN/AFP/Getty Images)
BOSTON - APRIL 15: Two officials run away from the first explosion, right, on Boylston Street at the 177th Boston Marathon, April 15, 2013. (Photo by John Tlumacki/The Boston Globe via Getty Images)
First responders load injured people into an ambulance where two explosions occurred along the final stretch of the Boston Marathon on Boylston Street in Boston, Massachusetts, U.S., on Monday, April 15, 2013. Two powerful explosions rocked the finish line area of the Boston Marathon near Copley Square and police said many people were injured. Photographer: Kelvin Ma/Bloomberg via Getty Images
Runners and spectators flee from the scene where two explosions occurred along the final stretch of the Boston Marathon on Boylston Street in Boston, Massachusetts, U.S., on Monday, April 15, 2013. Two powerful explosions rocked the finish line area of the Boston Marathon near Copley Square and police said many people were injured. Photographer: Kelvin Ma/Bloomberg via Getty Images
BOSTON, MA - APRIL 15: A runner reacts near Kenmore Square after two bombs exploded during the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Alex Trautwig/Getty Images)
BOSTON - APRIL 15: Boston Police struggle to remove barricades to reach victims of the first explosion that went off near the finish line of the 117th Boston Marathon,. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: A person who was injured in the first explosion is wheeled across the finish line of the Boston Marathon. (Photo by John Tlumacki/The Boston Globe via Getty Images)
BOSTON - APRIL 15: (EDITOR'S NOTE: THIS IMAGE CONTAINS GRAPHIC CONTENT) A person who was injured in an explosion near the finish line of the 117th Boston Marathon is taken away from the scene on a stretcher. (Photo by David L. Ryan/The Boston Globe via Getty Images)
BOSTON, MA - APRIL 15: A runner sits near Kenmore Square after two bombs exploded during the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Alex Trautwig/Getty Images)
Trash is strewn on the street near the finish line of the Boston Marathon where several explosions rocked the event April 15, 2013 in Boston, Massachusetts. At least two people were killed and 22 wounded when two explosions struck near the finish line of the Boston Marathon, sparking scenes of panic, police said. The streets were littered with debris and blood and paramedics raced off with stretchers as police locked down the area, witness said. TV footage showed an explosion sending up a white plume of smoke along the sidelines of the race. AFP PHOTO/John MOTTERN (Photo credit should read JOHN MOTTERN/AFP/Getty Images)
BOSTON, MA - APRIL 15: A swat team arrives at the corner of Stuart Street and Dartmouth Street after two explosive devices detonated at the finish line of the 117th Boston Marathon on April 15, 2013 in Boston, Massachusetts. Two people are confirmed dead and at least 23 injured after two explosions went off near the finish line to the marathon. (Photo by Darren McCollester/Getty Images)
BOSTON - APRIL 16: Newspapers are on sale at a stand on Newbury Street on April 16, 2013 in Boston, Massachusetts. Security is especially tight in the city of Boston after two explosions went off near the finish of the Marathon, killing three people and injuring at least 141 others. (Photo by Darren McCollester/Getty Images)
BOSTON, MA - NOVEMBER 02: Jonny Gomes #5 of the Boston Red Sox lays the World Series trophy and the 'Boston Strong 617' jersey onto the finish line of the Boston Marathon on Boylston Street during the World Series victory parade on November 2, 2013 in Boston, Massachusetts. (Photo by Jared Wickerham/Getty Images)
BOSTON - MARCH 15: A bagpiper wears a Boston Strong jersey during the St. Patrick's Day Parade in the South Boston neighborhood on March 15, 2015. (Photo by Jessica Rinaldi/The Boston Globe via Getty Images)
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