PHOTOS PHOTOS: A photo of Djohar Tsarnaev, who is believed to be Dzhokhar Tsarnaev, a suspect of the Boston marathon attack, is seen on his page of the Russian social networking site Vkontakte (VK), as shown on a monitor at St. Petersburg April 19, 2013. REUTERS / Alexander Demianchuk
BOSTON (Reuters) – Boston bomber's lawyers Dzhokhar Tsarnaev today asked the court of appeal to lift the conviction and sentenced to death for contributing to the 2013 attack, which killed three people and he wounded another 260.
The lawyers of Tsarnaev, 25, claimed in a brief filing with the Court of Appeals of the US circuit in Boston that the refusal of a lower court to move the case to another city did not traumatized by the attacks he has deprived him of a fair trial.
Tsarnaev's lawyers acknowledged that their client along with his older brother, Tamerlan Tsarnaev, carried out the attack. But they argued that wall-to-wall media coverage of the attacks meant that almost the entire jury pool was exposed to news about the attacks, which included "harrowing stories about the victims of the killings, the injured and their families" .
"Pre-trial advertising was overwhelming: the more a potential juror had seen, the more likely he believed that Tsarnaev was guilty and deserves the death penalty," Tsarnaev's lawyers wrote in a 500-page brief.
The appeal came after a federal jury in 2015 judged Tsarnaev guilty of placing a couple of pressure bombs in the kitchen near the finish line of the world famous race on April 15, 2013, in addition to fatally shoot a policeman three days after.
The same jury later discovered that Tsarnaev deserved to be executed for six of the 17 capital expenses of which he was found guilty, which were related to the bomb that he had placed on the finish line of the marathon.
That bomb killed 8-year-old Martin Richard, the youngest fatal, and 23-year-old Chinese student of exchange Lingzi Lu. The attack was one of the highest-profile attacks on US soil from September 11, 2001 .
Tsarnaev's lawyers admitted his involvement in the attack from the beginning of the trial, but they claimed that Tsarnaev, then 19, was a minor partner of a scheme born and run by his older brother.
Brother Tamerlan, who was 26 years old, died after a gun battle with the police four days after the attack, which ended when Dzhokhar Tsarnaev hit him with a stolen car.
Reporting by Nate Raymond in Boston; Editing by Leslie Adler