Appealcast – Updates in Dzhokhar Tsarnaev’s Appeal


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Heather and Tom dive into developments in Dzhokhar Tsarnaev’s appeal. In a July 2018 filing by appellate counsel, his lawyers have forecasted some of the many arguments they intend to make on appeal, which may be filed this November. We discuss venue changes; negative pre-trial publicity at the hands of a recently suspended Boston Globe journalist, Kevin Cullen; death-qualified juries; forced confessions; the discovery that prosecutors used secret ex parte filings to suppress information about Tamerlan Tsarnaev’s potential involvement in a 2011 triple murder, and more.

Episode Extras

Note: Since the Boston Globe has rather rigid paywalls, I am uploading PDFs of referenced articles as well as links for easier scrutiny.

Court Documents
Appellant Tsarnaev’s Motion For Extension of Time to File Opening Brief, July 18, 2018

Documents Regarding Boston Globe Journalist Kevin Cullen
The Boston Globe, “Globe, After Extensive Review, Suspends Columnist”  Link | PDF
Independent Review by Kathleen Carroll and Tom Fiedler

Referenced Globe Articles by Kevin Cullen Regarding Dzhokhar Tsarnaev
April 19, 2013 “It Doesn’t Matter Why They Hate Us, They Just Do” Link | PDF
April 20, 2013 “Nothing Tough About This Boxer’s Character” Link | PDF
April 23, 2013 “Dzhokhar Tsarnaev Admits to Setting Bombs with Brother, Source Says” Link | PDF
January 4, 2015 “Fair Trial is More Than Possible For Dzhokhar Tsarnaev” Link | PDF

Blog Post About the “Force” vs. “Residual” Clause in Johnson II Supreme Court Ruling
What’s In an Appeal? The Process in the Tsarnaev Case So Far

Blog Posts Raising the Possibility of Prosecutorial Misconduct
Who Killed Sean Collier? Part Two: The Gun
Who Killed Sean Collier? Part Two: The Gun – Continued
Episode music: “The Complex” by Kevin MacLeod


7 thoughts on “Appealcast – Updates in Dzhokhar Tsarnaev’s Appeal”

  1. Another great podcast. I listened to the podcasts that Kevin Cullen co hosted during the trial and he was so hateful. I couldn’t believe that no one said anything about it.

    1. Hi Sheryl, thanks so much! Thanks also for reminding me about the Globe podcast about the trial – I remember it from the time, but I remember deliberately avoiding it because I didn’t want to hear anything else Cullen had to say on the topic. I can only imagine the sort of things he said. I also remember he was one of the Globe reporters livetweeting the trial since federal court does not allow for TV broadcasts. Those were certainly biased and I questioned their authenticity even then.

  2. I agree, another great podcast. Thank you! I think it’s immensely irresponsible for a journalist to misrepresent a story of course, but also to spread hate or even just ill feelings. I don’t even keep friends like that – who does? Sheryl’s comment reminds of what I just saw on the Aaron Hernandez doc, that Michelle McPhee told her radio friends that Aaron was gay and they proceeded to make jokes about it on air. I have no respect for that kind of behavior and I’m glad I didn’t spend a dime on, or a second reading, her book about this case.

    1. Hi Halona, I agree 100%. I think the institution of the free press in this country has had to do a major reevaluation of themselves the last couple of years, when the federal government became so hostile toward them. Before that it seemed it was easy for the outlets who were supposed to be putting a check on the government to be complacent in simply repeating its stances. Kevin Cullen might be an egregious example, but he’s definitely not the only one.

      As for Michele McPhee, I haven’t read her book on this case, but the parts I’ve heard about are largely contradicted by my own research and have been easily debunked by others. I know WBUR did a pretty long article last year about it that threw into question most of her research methods and interpretations of her findings. I think you definitely saved money there.

  3. The brotheres Tsarnaevs, victims the FBI..exercicious in Boston , day Marathon..
    The police local…actors
    The brotheres atletic boxing,socity there ciúmes the brotheres.
    Freedon for Dzhokhar Tsarnaevs, yuong Muslim.

  4. The brothers Tsarnaev need someone with legal knowledge to be in on this, Those brave people who fight for the truth are real Heroes! God bless all of you !

  5. I just want to say thank you Heather and your Dad Tom for taking your personal time to be on this case. We desperately needed someone with legal knowledge to be in on this, Seeing his govt lawyers threw him under the bus for a cover up. Keep up the good work

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