FILE - This file photo released April 19, 2013, by the Federal Bureau of Investigation shows Dzhokhar Tsarnaev, convicted of carrying out the April 2013 Boston Marathon bombing attack that killed three people and injured more than 260. A prosecutors' response is due Thursday, June 27, 2019, in the Boston Marathon bomber's death penalty appeal. Tsarnaev has been on federal death row since his 2015 conviction. (FBI via AP, File)

Feds urge court to reject Boston Marathon bomber's appeal

June 27, 2019 - 4:34 pm

BOSTON (AP) — Prosecutors are urging a federal appeals court to uphold Boston Marathon bomber Dzhokhar Tsarnaev's (juh-HAHR' sar-NY'-ev) convictions and death sentence.

Prosecutors told the 1st U.S. Circuit Court of Appeals on Thursday that it should deny Tsarnaev's claim that it was impossible for him to find a fair jury in a city still traumatized by the bombings.

The prosecutors say in a court filing that careful jury selection ensured Tsarnaev got an impartial jury despite heavy publicity.

They say the fact the jury declined to impose the death penalty on several of the counts shows that jurors didn't act "out of bias or prejudice."

The defense admitted from the outset of his trial that Tsarnaev and his older brother carried out the attack, which killed three people and wounded more than 260.

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