Voice Of Post

Boston bomber's lawyers ask federal appeals court to move trial out of city – in FOURTH attempt to win change of venue, Boston Marathon bombing suspect Dzhokhar Tsarnaev's lawyers have urged a federal appeals court to move his trial out of the same city where the deadly attack took place after a judge has refused the request three times.

The 21-year-old's defense team insists he cannot find a fair and impartial jury in a district in Boston because too many people believe he is guilty. Many even have personal connections to the marathon or the bombings, they say.

Before a three-judge panel of the First US Circuit Court of Appeals, his lawyers for the first time made oral arguments today that lasted twenty-minutes where they cited 'saturation publicity'.

They also said the bombings were seen as 'an attack on the marathon itself and an attack on the city of Boston'.Tsarnaev's lawyers have previously argued that the 'widespread victimization' created by the bombing makes it impossible for Tsarnaev to receive a fair trial in the city, but prosecutors point to progress made during individual questioning of prospective jurors.

They said the judge has qualified 61 people to serve as jurors, finding them capable of being fair and impartial, and the jury selection is still ongoing.

The same court rejected a similar request before jury selection began, ruling that the defense had not met the 'extraordinary' standard required to justify its intervention.

Tsarnaev's lawyers cite their analysis of lengthy questionnaires completed by 1,373 prospective jurors last month, and said 68 per cent indicated they have already formed an opinion that Tsarnaev is guilty.

They have found of those, 63percent indicated they have not formed an opinion that Tsarnaev is guilty and the remaining 37percent indicated they could set aside their opinions and be impartial, according to prosecutors.
In April 2013, three people were killed and more than 260 people were injured when twin bombs exploded near the finish line of the marathon.

Tsarnaev faces the possibility of the death penalty if convicted of carrying out the bombings and is also charged with participation in the shooting of a Massachusetts Institute of Technology police officer.
The appeals court has not immediately ruled following the arguments presented today.