Yesterday, judges on the First Circuit Court of Appeals heard oral arguments from Dzhokhar "Jahar" Tsarnaev's appellate team about why he did not receive a fair trial in Boston. Eric Bowsfield and I attended the hearing, and here are our biggest takeaways.
Heather is joined by Tom "Attorney Dad" Frizzell and resident historian Eric Bowsfield to discuss their initial impressions on Dzhokhar Tsarnaev's opening appellate brief. Then they take a deep dive into Dzhokhar's suppressed hospital confession, the contents of which were kept from the public until October 2018, when they were unsealed by Dzhokhar's appellate team. They look at what's there, what isn't, and the likelihood that the entire narrative of this case was created by overzealous FBI agents illegally interrogating a critically injured teenager.
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.
Attorney Tom Frizzell returns to dive into submitted questions about the Boston Marathon bombing and Dzhokhar Tsarnaev's case. He and Heather sink their teeth into constitutional law as they tackle the impact the case has had on the American legal system, and discuss how many times Dzhokhar may have had his constitutional rights violated.