Appeals court rejects another request to move Boston Marathon bombings trial

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Trial of accused Boston Marathon bomber Dzhokhar Tsarnaev is set to begin next week

It's been long delayed by various issues, including jury selection

Boston CNN  — 

The death penalty trial of accused Boston Marathon bomber Dzhokhar Tsarnaev – long delayed by painstaking jury selection, crippling snowstorms and last-ditch appeals to move the case someplace else – is on track to get underway here next week.

The death penalty trial of Dzhokhar Tsarnaev has been delayed by painstaking jury selection, crippling snowstorms and last-ditch appeals for change of venue.

Judge George O’Toole, along with the prosecution and defense teams, settled on a pool of 70 jury prospects on Wednesday after questioning 256 people over 21 days of individual interviews.

Before the appeals court ruled Friday, the defense tried three times to persuade O’Toole to move the trial, claiming it couldn’t find an impartial jury in Boston. He refused.

The attorneys will weed out jurors they believe are less sympathetic to their case on Tuesday, March 3. These “preemptory challenges” let attorneys remove jury prospects without giving a reason. Each side gets 20 challenges for the main jury and three for the alternates.

The following morning, the panel of 12 jurors and six alternates is expected to be formally seated to hear opening statements and the first witnesses to an event that cut Boston to its core. O’Toole indicated the trial could last well into June.

The jurors first will decide whether Tsarnaev is guilty of using weapons of mass destruction to kill people at a large public event. If Tsarnaev is convicted, the jury then will decide whether he should be punished by life in prison without the possibility of release or death, most likely by lethal injection.

Potential jurors were questioned at length about whether they already believed Tsarnaev was guilty and whether they could consider the death penalty in a state where it hasn’t been an option in a generation. The last execution here took place in 1947.

Massachusetts wiped the death penalty from its books for good in 1984, and no one has been executed there since 1947. But this case is being tried in federal court, and 17 of the 30 counts against Tsarnaev include the death penalty as a possible punishment. Also cited are so-called aggravating factors such as committing an act of terror and the tender age of the youngest person killed, 8-year-old Martin Richard.

Many said they thought Tsarnaev was guilty of the April 15, 2013, bombings, which killed three people near the finish line. Tsarnaev also is charged in the April 19, 2013, death of MIT police officer Sean Collier. The officer was ambushed in his patrol car and shot to death as Tsarnaev and his brother Tamerlan ran from police hours after their photographs were released to the public.

He is also charged in the April 19, 2013, death of Massachusetts Institute of Technology police officer Sean Collier. The officer was ambushed in his patrol car and shot to death as Tsarnaev and his brother, Tamerlan, ran from police hours after their photographs were released to the public.

Opening statements and the first witnesses originally were slated for January 26, but it took longer that anticipated to question the prospective jurors for this high-profile case. The panel of 70 was selected from the first 600 or so jurors of the 1,373 who filled out questionnaires earlier this year.

Many of the jury prospects struggled with questions about where they stood on the death penalty and whether they could follow the law and vote for capital punishment if the facts and the law led them to that decision.

It is almost certain that the trial, which will include wrenching testimony and video footage of the bombing victims, will be well underway during the running of this year’s Boston Marathon on April 20.

Tsarnaev, 21, is accused of building two homemade pressure cooker bombs with his older brother, Tamerlan. The bombs detonated within moments of each other near the finish line. Beside the three deaths, more than 250 other people were maimed or injured by flying shrapnel and nails.

Tamerlan Tsarnaev died during a gun battle with police, and Dzhokhar Tsarnaev was found hours later, bleeding and hiding in a boat in a Watertown backyard. He had written Islamic slogans on the sides of the boat, federal authorities allege.

No cameras are allowed at the Tsarnaev trial. But CNN’s Ann O’Neill will be there every day. Think of her as The 13th Juror, bringing insights here weekly. And follow @AnnoCNN on Twitter daily.