Court Of Appeals Denies Motion To Delay Boston Marathon Bombing Trial
BOSTON (CBS/AP) – The Boston Marathon bombing trial will begin as scheduled on Monday after a federal appeals court denied a defense motion to delay and move the trial.
Attorneys for Dzhokhar Tsarnaev asked for a postponement of his trial and to move it out of Massachusetts.
Federal Judge George O'Toole Jr. said on Friday that he would not delay jury selection, which is set to begin Monday with over 1,200 people called for possible selection.
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. If convicted, he could face the death penalty.
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