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Appeals court orders judge to investigate juror bias claims in Boston bomber’s trial
A federal appeals court on Thursday ordered the judge who oversaw Boston Marathon bomber Dzhokhar Tsarnaev’s trial to investigate the defense’s claims of juror bias and determine whether his death sentence should stand.
A three-judge panel of the Boston-based 1st U.S. Circuit Court of Appeals did not throw out Tsarnaev’s death sentence. Defense lawyers had pushed for that while claiming bias by two people who sat on the jury that convicted him for his role in the bombing that killed three people and injured hundreds near the marathon’s finish line in 2013.
But the appeals court found that the trial judge did not adequately probe Tsarnaev’s allegations, and sent the case back to the judge for a new investigation. If the judge finds that either juror should have been disqualified, he should vacate Tsarnaev’s sentence and hold a new penalty-phase trial to determine whether Tsarnaev should be sentenced to death, the appeals court said.
“And even then, we once again emphasize that the only question in any such proceeding will be whether Tsarnaev will face execution; regardless of the outcome, he will spend the rest of his life in prison,” it said.
The U.S. Attorney’s office in Massachusetts declined to comment Thursday. The Justice Department can either ask the full 1st Circuit to hear the matter or go to the U.S. Supreme Court. Lawyers for Tsarnaev didn’t immediately respond to emails seeking comment on the decision.
It’s the latest twist in the long-running case that has already been argued in front of the U.S. Supreme Court once. The high court in 2022 reinstated the death sentence imposed on 30-year-old Tsarnaev after the 1st Circuit threw out the sentence in 2020. The circuit court found then that the trial judge did not sufficiently question jurors about their exposure to extensive news coverage of the bombing. The Supreme Court justices voted 6-3 in 2022 when they ruled that the 1st Circuit’s decision was wrong.
The 1st Circuit took another look at the case after Tsarnaev’s lawyers urged it to examine issues the Supreme Court didn’t consider. Among them was whether the trial judge wrongly forced the trial to be held in Boston and wrongly denied defense challenges to seating two jurors they say lied during questioning.
Despite a moratorium on federal executions imposed by Attorney General Merrick Garland, the Justice Department has continued to push to uphold the death sentence in Tsarnaev’s case. The moratorium came after former President Donald Trump’s administration put to death 13 inmates in its final six months.
Oral arguments before the three-judge 1st Circuit panel more than a year ago focused on two jurors Tsarnaev’s lawyers say were dishonest during the lengthy jury selection process.
One of them said she had not commented about the case online, but she had retweeted a post calling Tsarnaev a “piece of garbage.” Another juror said none of his Facebook friends had commented on the trial, even though one had urged him to “play the part” so he could get on the jury and send Tsarnaev to “jail where he will be taken care of,” defense attorneys say. Tsarnaev’s lawyers raised those concerns during jury selection, but say the judge chose not to look into them further.
William Glaser, a Justice Department lawyer, acknowledged during oral arguments before the 1st Circuit appeals court that the jurors made inaccurate statements, but said other disclosures suggested they misremembered rather than lied. He argued that the trial judge did nothing wrong.
The appeals court said there are potentially “innocuous” explanations for the jurors’ conduct, like they forgot about their social media posts or misunderstood the judge’s questions. But the trial judge’s “error was in failing to conduct an inquiry sufficient to rule out the more pernicious explanations,” the appeals court said.
The appeals court panel voted 2-1 in favor of sending the case back down for more investigation into the jurors. Those who supported the idea were Judges William Kayatta Jr. and O. Rogeriee Thompson, who were both nominated to the court by President Barack Obama.
Judge Jeffrey Howard, who was nominated by George W. Bush, dissented, writing that there was “ample basis for the district court to arrive at the judgment that the two jurors in question were not improperly biased.”
Tsarnaev’s guilt in the deaths of Lingzi Lu, a 23-year-old Boston University graduate student from China; Krystle Campbell, a 29-year-old restaurant manager from Medford, Massachusetts; and 8-year-old Martin Richard, of Boston, was not at issue in the appeal, only whether he should be put to death or imprisoned for life.
Defense lawyers argued that Tsarnaev had fallen under the influence of his older brother, Tamerlan, who died in a gun battle with police a few days after the April 15, 2013, bombing.
Tsarnaev was convicted of all 30 charges against him, including conspiracy and use of a weapon of mass destruction and the killing of Massachusetts Institute of Technology Police Officer Sean Collier during the Tsarnaev brothers’ getaway attempt.
Prosecutors told jurors that the men carried out the attack to punish the U.S. for its wars in Muslim countries. In the boat where Tsarnaev was found hiding, he had scrawled a confession that referred to the wars and wrote, among other things, “Stop killing our innocent people and we will stop.”
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Renad Atallah is an unlikely internet sensation: a 10-year-old chef, with a repertoire of simple recipes, cooking in war-torn Gaza. She has nearly a million followers on Instagram, who’ve witnessed her delight as she unpacks parcels of food aid.
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We interviewed Renad via satellite, though we were just 50 miles away, in Tel Aviv. [Israel doesn’t allow outside journalists into Gaza, except on brief trips with the country’s military.]
“There are a lot of dishes I’d like to cook, but the ingredients aren’t available in the market,” Renad told us. “Milk used to be easy to buy, but now it’s become very expensive.”
I asked, “How does it feel when so many people like your internet videos?”
“All the comments were positive,” she said. “When I’m feeling tired or sad and I want something to cheer me up, I read the comments.”
We sent a local camera crew to Renad’s home as she made Ful, a traditional Middle Eastern bean stew. Her older sister Noorhan says they never expected the videos to go viral. “Amazing food,” Noorhan said, who added that her sibling made her “very surprised!”
After more than a year of war, the Gaza Strip lies in ruins. Nearly everyone has been displaced from their homes. The United Nations says close to two million people are experiencing critical levels of hunger.
Hamada Shaqoura is another chef showing the outside world how Gazans are getting by, relying on food from aid packages, and cooking with a single gas burner in a tent.
Shaqoura also volunteers with the charity Watermelon Relief, which makes sweet treats for Gaza’s children.
In his videos online, Shaqoura always appears very serious. Asked why, he replied, “The situation does not call for smiling. What you see on screen will never show you how hard life is here.”
Before dawn one recent morning in Israel, we watched the UN’s World Food Program load nearly two dozen trucks with flour, headed across the border. The problem is not a lack of food; the problem is getting the food into the Gaza Strip, and into the hands of those who desperately need it.
The UN has repeatedly accused Israel of obstructing aid deliveries to Gaza. Israel’s government denies that, and claims that Hamas is hijacking aid.
“For all the actors that are on the ground, let the humanitarians do their work,” said Antoine Renard, the World Food Program’s director in the Palestinian territories.
I asked, “Some people might see these two chefs and think, well, they’re cooking, they have food.”
“They have food, but they don’t have the right food; they’re trying to accommodate with anything that they can find,” Renard said.
Even in our darkest hour, food can bring comfort. But for many in Gaza, there’s only the anxiety of not knowing where they’ll find their next meal.
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Story produced by Mikaela Bufano. Editor: Carol Ross.
See also:
“Sunday Morning” 2024 “Food Issue” recipe index
Delicious menu suggestions from top chefs, cookbook authors, food writers, restaurateurs, and the editors of Food & Wine magazine.
It’s been said the best meals come from the heart, not from a recipe book. But at this USDA kitchen, there’s no pinch of this, dash of that, no dollops or smidgens of anything. Here, nutritionists in white coats painstakingly measure every single ingredient, down to the tenth of a gram.
Sheryn Stover is expected to eat every crumb of her pizza; any tiny morsels she does miss go back to the kitchen, where they’re scrutinized like evidence of some dietary crime.
Stover (or participant #8180, as she’s known) is one of some 10,000 volunteers enrolled in a $170 million nutrition study run by the National Institutes of Health. “At 78, not many people get to do studies that are going to affect a great amount of people, and I thought this was a great opportunity to do that,” she said.
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It’s called the Nutrition for Precision Health Study. “When I tell people about the study, the reaction usually is, ‘Oh, that’s so cool, can I do it?'” said coordinator Holly Nicastro.
She explained just what “precise” precisely means: “Precision nutrition means tailoring nutrition or dietary guidance to the individual.”
The government has long offered guidelines to help us eat better. In the 1940s we had the “Basic 7.” In the ’50s, the “Basic 4.” We’ve had the “Food Wheel,” the “Food Pyramid,” and currently, “My Plate.”
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They’re all well-intentioned, except they’re all based on averages – what works best for most people, most of the time. But according to Nicastro, there is no one best way to eat. “We know from virtually every nutrition study ever conducted, we have inner individual variability,” she said. “That means we have some people that are going to respond, and some people that aren’t. There’s no one-size-fits-all.”
The study’s participants, like Stover, are all being drawn from another NIH study program called All Of Us, a massive undertaking to create a database of at least a million people who are volunteering everything from their electronic health records to their DNA. It was from that All of Us research that Stover discovered she has the gene that makes some foods taste bitter, which could explain why she ate more of one kind of food than another.
Professor Sai Das, who oversees the study at Tufts University, says the goal of precision nutrition is to drill down even deeper into those individual differences. “We’re moving away from just saying everybody go do this, to being able to say, ‘Okay, if you have X, Y and Z characteristics, then you’re more likely to respond to a diet, and somebody else that has A, B and C characteristics will be responding to the diet differently,'” Das said.
It’s a big commitment for Stover, who is one of 150 people being paid to live at a handful of test sites around the country for six weeks – two weeks at a time. It’s so precise she can’t even go for a walk without a dietary chaperone. “Well, you could stop and buy candy … God forbid, you can’t do that!” she laughed.
While she’s here, everything from her resting metabolic rate, her body fat percentage, her bone mineral content, even the microbes in her gut (digested by a machine that essentially is a smart toilet paper reading device) are being analyzed for how hers may differ from someone else’s.
Nicastro said, “We really think that what’s going on in your poop is going to tell us a lot of information about your health and how you respond to food.”
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Stover says she doesn’t mind, except for the odd sounds the machine makes. While she is a live-in participant, thousands of others are participating from their homes, where electronic wearables track all kinds of health data, including special glasses that record everything they eat, activated when someone starts chewing. Artificial intelligence can then be used to determine not only which foods the person is eating, but how many calories are consumed.
This study is expected to be wrapped up by 2027, and because of it, we may indeed know not only to eat more fruits and vegetables, but what combination of foods is really best for us. The question that even Holly Nicastro can’t answer is, will we listen? “You can lead a horse to water; you can’t make them drink,” she said. “We can tailor the interventions all day. But one hypothesis I have is that if the guidance is tailored to the individual, it’s going to make that individual more likely to follow it, because this is for me, this was designed for me.”
For more info:
Story produced by Mark Hudspeth. Editor: Ed Givnish.
“Sunday Morning” 2024 “Food Issue” recipe index
Delicious menu suggestions from top chefs, cookbook authors, food writers, restaurateurs, and the editors of Food & Wine magazine.
