(AP) A federal court on Thursday denied a request by attorneys for Boston Marathon bomber Dzhokhar Tsarnaev to remove the judge overseeing the protracted legal battle over his death sentence.
The U.S. First Circuit Court of Appeals rejected the argument made by Tsarnaev’s lawyers that U.S. District Court Judge George O’Toole should be recused from the case because, the lawyers contend, he is not impartial. During an August 2024 hearing, Tsarnaev’s attorneys pointed to what they said were comments O’Toole made about the case on podcasts and at public events during the appeals process.
In a two-page judgment released Thursday, appeals court judges ruled that O’Toole should continue to preside over the case, determining that “two panel discussions and a podcast in which Judge O’Toole discussed various aspects of organizing complex jury trials and the problems associated with social media in that context” did not constitute grounds for his removal.
