Nate Raymond, Lawrence Hurley

WASHINGTON, (Reuters) – The U.S. Supreme Court ruled in favor of federal government on Friday.

The justices decided in a 3-1 vote that they supported the Justice Department’s appeal against a 2020 Federal Appeal Court ruling which had upheld Tsarnaev’s conviction, but reversed his death sentence. Tsarnaev is not facing imminent execution because President Joe Biden has placed a moratorium against the death penalty for federal cases.

The Supreme Court found fault with the Boston-based First U.S. Circuit Court of Appeals ruled in favor of the Boston-based 1st U.S.

“Dzhokhar Tsarnaev committed heinous crimes. However, the Sixth Amendment guaranteed that he would be tried fairly before an impartial jury. “He received one,” wrote conservative Justice Clarence Thomas for the court.

Six conservative justices represented the court, while three liberals opposed.

Biden, as a presidential candidate, promised that he would work for Congress to repeal the death penalty at federal level. He also set incentives to states to follow suit. Instead of approving life sentences with no probation or parole, he would support the passage of legislation.

His administration decided to continue with the appeal that was initially made by Donald Trump’s Justice Department to protect Tsarnaev’s death sentence.

Laws won’t remove trauma or pain. “Our focus today and forever is on the hundreds impacted and traumatized family members by this horrible act of domestic terrorism,” said Rachael Rollers, a U.S. Attorney based in Boston (NYSE:), who was speaking in a statement.

Liberal Justice Stephen Breyer, in a dissident opinion, agreed with 1st Circuit’s conclusion that the evidence regarding the other crime of Waltham triple murder, Massachusetts, which was linked to Tamerlan Tsarnaev, was inappropriately excluded.

Tsarnaev’s lawyers, now aged 28 and 19 when the bombing occurred, argued that Tsarnaev played a second role. This was to his brother who, they said, is an “authority figure” who holds violent Islamic extremist views. According to them, Tamerlan would have the relevant evidence for another crime.

Breyer wrote that “this evidence might have led some jurors t to conclude that Tamerlan’s influence was so strong that Dzhokhar could not be killed for any of his actions in connection to the bombings even if they were done outside Tamerlan’s presence.”

Breyer said, “And it would only take one juror’s mind change to produce a sentence not including death,” adding Breyer who has in the past questioned constitutionality of death penalty.

One of the main sources for evidence regarding the murders was a man called Ibragim Tdashev. He attacked FBI officers while he was interviewing them.

Tsarnaev also had a right to be tried before an impartial jury. However, the trial judge failed to adequately screen jurors against bias. This was despite extensive media coverage.

CONVICTED ON ALL COUNTS

Two homemade pressure cooker bombs were detonated by the brothers Tsarnaev at the finish line of the marathon on April 15th 2013. A police officer was also killed days later. Tamerlan Tamerlan died in a gunfight with the police.

Dzhokhar Tarnaev, a defendant in the murder of Martin Richard and Lingzi Lu (8 and 23 respectively), was found guilty by a jury. Krystle, a 29-year-old restaurant manager was killed by the second blast.

Marc Fucarile who was injured in the second blast of the bomb exploded on his right leg. Fucarile stated that the Supreme Court had done the right thing and that any justices who disagreed “should feel ashamed.” Fucarile expressed doubts that death sentences will be carried out under Biden’s administration.

Fucarile, 43 said “He got the reward he deserves.” We need to communicate that killing innocent people is not enough. You can also set off bombs within large numbers of people.

Mikey Borgard was a victim of the attack and suffered hearing and brain damage. He attended Tsarnaev’s trial. Borgard called the Supreme Court’s decision “not only wrong in its logic, but shamefully lacking both morally and ethically.”

Before Trump took over 13 executions during the final six months of his term, no federal prisoners were executed in 17 years.