BOSTON UPDATE: Tsarnaev Tries To Move Bombing Trial Again

More than six months ago, WhoWhatWhy raised the issue of whether leaks by law enforcement to a cooperative media had already sunk accused Boston Marathon bomber Dzhokhar Tsarnaev’s right to a fair trial in Boston.

His legal team clearly had the same concerns, and in July asked the court to move the trial to another city. U.S. District Judge George O’Toole denied the motion in September. The defendant failed to show that the extensive media coverage had “so inflamed and pervasively prejudiced” the pool of potential jurors to render “a fair and impartial jury” impossible, the judge wrote.

Now, in a second motion for a change of venue filed Dec. 1, Tsarnaev’s legal team is arguing that the need to move the trial has grown more urgent, in part because of the continuing stream of news stories.


“This coverage, including ‘leaks’ of non-public information attributed to law enforcement, has continued,” Tsarnaev’s lead attorney Judy Clarke wrote in the new motion. “The steady flow of reminders, whether factual or emotional, evoke memories of horrific events personally experienced by the prospective jurors in this case...”


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