Judge denies motion to move, delay Tsarnaev trial

Associated Press

BOSTON

Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a federal appeals court Wednesday to overturn a judge’s decision to not move his upcoming trial out of state.

The appeal was filed with the 1st U.S. Circuit Court of Appeals hours after U.S. District Court Judge George O’Toole denied the change-of-venue request and a motion seeking a nine-month delay in the start of the trial. The defense now is asking Judge O’Toole to postpone jury selection, scheduled to begin Monday, pending the outcome of the appeal.

Tsarnaev has pleaded not guilty to federal charges connected to the April 2013 explosions at the marathon finish line, which killed three people and injured more than 260. He could face the death penalty if convicted.

The defense lawyers, in their appeal to the higher court, again argued Tsarnaev couldn’t receive a fair trial in the Boston federal courthouse a couple of miles from where the bombing occurred.