The US Justice Department has asked the Supreme Court to review an appellate court decision to vacate the death sentence for Dzhokhar Tsarnaev, who along with his brother planted homemade bombs near the finish of the 2013 Boston Marathon, killing three spectators and injuring hundreds.
lelling, describing Tsarnaev as a ideologically driven mass killer argued that the severity of his crimes puts him in that narrow category of criminals for whom death is a proportional punishment.
On Thursday, US Attorney Andrew Lelling said, “Our hope is that will result in reinstatement of the original sentence and avoid a retrial of the death penalty phase.”
“Some have argued that executing Tsarnaev will not deter others from pursuing similar crimes, but ultimately this decision is not about deterrence , its about justice.”
the step comes after a federal appeals court ruled last month that Tsarnaev should be given a new penalty phase trial, where a new set of jurors can again decide if he should be sentenced to death. the court also ruled to set aside three of his 30 convictions but said he will remain in federal prison for the rest of his life.
Tsarnaev was only 19, when he and his brother, Tamerlan, who was 26, went to Boston’s Boylston Street shortly before 3pm on April 15, 2013, to carry out their plot.
Surveillance video showed that the brothers carrying pressure cooker bombs in backpacks and moving through the crowd near the marathon finish line in what federal prosecutors called coordinate attack.
Tameral Tsarnaev set off his first bomb, a 6-quart pressure cooker that contained gunpowder, nails and BBs, prosecutors said.
The bom killed Krystle Campbell, a 29-year old restaurant ,manager and permanently injured several other people who lost their legs.
the second pressure cooker bomb was carried in by Dzhokhar Tsarnaev went off 12 seconds later and killed two people, Martin Richard and Lingzi Lu, a graduate student from China.