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11 Years Ago Today, A Brutal Act of Terror

April 15th marks two significant events in US history: the 11th anniversary of Tamerlan and Dzhokar Tsarnaev's bombing of the Boston Marathon, and the first day of jury selection in  the first criminal trial of a former US President. These two very different situations both share one important legal question: how do you select a jury from a city full of people who not only know a defendant by name but have good reasons to despise them?

Boston residents Matt and Casey share their own memories of the day that changed their city forever before breaking down the trial of surviving bomber Dzhokar Tsarnaev and ensuing appeals of his death sentence to the 1st Circuit and Supreme Court. We examine why the U.S. publicly announced that it would not be reading Tsarnaev his Miranda rights, and debate whether or not the defense should have been allowed to introduce evidence during the penalty phase that Tamerlan Tsarnaev may have participated in a triple homicide two years earlier to prove his influence over his younger brother. What can Clarence Thomas's decision reinstating Tsarnaev's death sentence tell us about how Trump trial judges might handle jury selection? And what might be next following the 1st Circuit's recent findings on juror bias?

1) U.S. v. Tsarnaev indictment 

2) Middlesex District Attorney's report on Watertown PD's shootout with the Tsarnaev brothers

3) 1st Circuit's decision vacating Dzhokar Tsarnaev's death sentence (7/31/2020)

4) Supreme Court decision reinstating Tsarnaev's death sentence  (3/5/2022)

5) Most recent 1st Circuit decision ordering further hearing on juror bias (3/21/2024)

11 Years Ago Today, A Brutal Act of Terror
11 Years Ago Today, A Brutal Act of Terror

Comments

I would like to commend Thomas on his skill at teasing out, and discussing, the key legal points that arose in the Boston Bombing case, while at the same time, respecting with appropriate sensitivity the fact that for Matt and Casey, this event was - and still is - very much seared in collective memory, and a lived experience. The result was skilfully balancing a fulsome discussion of the key issues of principle and substance, with the need to respect the mental scarring that the Boston Bombings will have left.

Ruairi Hipkin

Apropos of Patriots Day: it commemorates the start of the revolutionary war as Casey said. There are lots of celebratory events including a reenactment at Lexington’s Battle Green, reenacting minutemen gathering at the green and a battle against the redcoats at dawn. It reminds one of the courage of the colonials essentially committing treason against the well-funded British government and the enormous risks they took to separate from England and start a new country.

Lawrence Frank

Weird! My podcast app decided to reset the URL for just this podcast. I updated the link back to the patron feed. Sorry about that!

Bear The Bull

Yeah this isn't possible so you must be on the wrong feed. Let me know if you need help with that!

Opening Arguments

this was super interesting! I was at arms length over here in the UK (and also, I was kind of a mess at the time). I honestly thought they were both just in jail and staying there. excellent way into lots of parts of the story and various laws around it.

lauren

So, I was a police dispatcher (in Canada) at the time the bombs went off, and had very very close friends running the race. (They finished just before the bombs went off, and were in a Starbucks getting coffee at detonation) I listened to the dispatch radio chatter from the bombing and from the hunt for the brothers and let me tell you…I vomited from the horror of it. I had dispatched for multiple plane crashes, hostage situations and home invasions by that point and I was absolutely WRECKED listening to the radio chatter that day.

Mockingbird Nation

I didn’t get any ads. Are you sure you’re on the right feed?

KeepingThePlatesSpinning

I haven't gotten any ads, just completed the episode with no ads.

Michael Rops

I got a zbiotics ad at 41 minutes in. I also had an ad in the last one or two episodes. Might need to be a little more careful in making sure patrons don't get ads

Bear The Bull


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