The trial of marathon bombing suspect Dzhokhar Tsarnaev can begin as
scheduled Monday in Boston after a federal appeals court ruled that the
defense had not met the "extraordinary" standard required to justify its
intervention.
The 1st U.S. Circuit Court of Appeals announced its decision Saturday.
Tsarnaev's lawyer had asked the court to delay the trial and move it out
of Massachusetts, saying he couldn't get a fair trial in a place where
so many were affected by the bombings.
The appeals court ruled 2-1 to avoid intervening in the trial's timing and location.
"The judges in the majority are satisfied that full consideration has
been given to the issues raised by the petition, and it is clear that
the petition falls short of meeting the requirements for issuing the
extraordinary writ of mandamus," two judges said in the majority
opinion. One judge dissented, saying he didn't have enough time to
carefully consider the petition filed Wednesday.
One of Tsarnaev's attorneys, Miriam Conrad, declined to comment Saturday.
Tsarnaev has pleaded not guilty to 30 charges connected to the April
2013 explosions that killed three people and wounded more than 260
others. Some of the charges carry the death penalty.
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