They were reassigned to Judge OToole this year by the 1st Circuit after that court directed him to probe whether Why didnt we know about these Facebook posts during jury selection? The defense has also suggested the case could be assigned to another judge, arguing this is required under local rules regarding reassignment of cases when they are sent back after appeal.
Boston Marathon Bombing Case: Government’s Opposition
The recusal motion should also be denied as meritless, federal prosecutor Nadine Pellegrini argued because that injunction does not require a new judge. The government maintains that the local rule never precluded Tsarnaev’s existing lawyers from continuing as defense attorneys, since it doesn’t specify who can be eliminated and in fact contains a provision allowing key judges to stay on cases where judicial economy could trump other factors.
That legal wrangling over the role of Judge O’Toole in the case has continued as Tsarnaev fights for a new trial phase based on that juror bias issue.
Effects on Victims and Survivors
The slow appeals process has taken a toll on survivors of the 2013 Boston Marathon bombings, which killed three people and wounded more than 200 others. Survivor Mikey Borgard attended the hearing and said he was disgusted by how long death penalty appeals take, dragging out victims’ trauma.
