The SCOTUS Gets One Right

In April 2013, the Brothers Tsarnaev – Tamerlan and Dzhokhar – committed the Boston Marathon Bombing. Three individuals were killed and scores injured in this despicable act of terrorism.

A fourth individual (an MIT policeman) was killed and another individual was kidnapped during their later attempt to leave the Boston area; the kidnapping victim later escaped from the Tsarnaevs and contacted authorities. The Tsarnaev brothers used the kidnapping victim’s vehicle as one of two during their getaway attempt.

This was a bad move, as the stolen vehicle turned out to be trackable. Sources differ regarding whether the vehicle’s built-in anti-theft system or the kidnapping victims cell phone (which had been left in the car when he escaped from the Tsarnaevs) allowed this.

The brothers were eventually confronted by police from multiple jurisdictions, and a shootout occurred. Two additional policemen were severely injured during this shootout; one died a year later from his injuries. Numerous other LEOs were injured but recovered.

Tamerlan Dzhokhar was captured by the police during the shootout. However, Tamerlan only survived until shortly after his apprehension. In a bit of poetic justice, his brother Dzhokhar ran him over while attempting to elude (or perhaps run over) police using the kidnapping victim’s stolen vehicle. The arresting officers attempted to drag Tamerlan out of the path of his brother’s vehicle, but were unsuccessful in doing so. Tamerlan died not long afterwards.

Dzhokhar Tsarnaev was later apprehended. He was tried for multiple Federal capital crimes. He was convicted and received the death penalty.

Predictably, Tsarnaev appealed his conviction and sentence. In July 2020 the First Circuit Court of Appeals ruled Tsarnaev’s death sentence was invalid and ordered a retrial, with a new jury, of the penalty phase of the case.

The case was then appealed by the US Government to the SCOTUS. Last Friday, the SCOTUS decided the appeal.

Speaking for the Court, Justice Clarence Thomas wrote this concise ending for the Court’s 6-3 majority decision:

Dzhokhar Tsarnaev committed heinous crimes. The Sixth Amendment nonetheless guaranteed him a fair trial before an impartial jury. He received one. The judgment of the United States Court of Appeals for the First Circuit is reversed.

It is so ordered.

The full decision – along with concurring opinions and the minority dissent – can be read here if you’re interested. Format is PDF.

Well said, Justice Thomas. Thank you.

Category: Death penalty, Legal, SCOTUS