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Marathon Bombing Suspect: Not Enough Minorities in Jury Pool

Published

11 years ago

February 27, 2015

In this Jan. 5, 2015, file courtroom sketch, Boston Marathon bombing suspect Dzhokhar Tsarnaev, left, is depicted beside U.S. District Judge George O’Toole Jr., right, as O’Toole addresses a pool of potential jurors in a jury assembly room at the federal courthouse, in Boston. (AP Photo/Jane Flavell Collins, File)

DENISE LAVOIE, AP Legal Affairs Writer

BOSTON (AP) — Lawyers for the Boston Marathon bombing suspect asked a judge Thursday to dismiss the indictment against their client or suspend his trial, saying there weren’t enough minorities and younger people in the jury pool.

The move by lawyers for Dzhokhar Tsarnaev came just days before opening statements and testimony are set to begin in his federal death penalty trial.

In their written motion, Tsarnaev’s lawyers say the selection process has undermined the required random summoning of potential jurors. They also say the process violated Tsarnaev’s constitutional right to have a jury that represents a “fair cross section of the community.”

The defense said 1,373 people, summoned from a population of about 5 million in eastern Massachusetts, were originally given numbers based on a random pool order list. New numbers were later assigned, based on when the jurors reported to court to complete written questionnaires.

The defense argues that the reordering undermined the randomness of the selection process and pushed certain groups — including blacks, people under 30 and people who live in Boston — down on the list and made them less likely to be chosen for the jury. Only about half of the 1,373 people summoned were considered based on their written questionnaires or questioned individually.

“This re-ordering, apparently based on non-random factors such as arrival time, had systemic effects on the order. The re-ordering was not random and had nonneutral effects on cognizable groups,” they wrote in their motion.

For example, a statistician hired by the defense found that the reordering of prospective jurors, on average, pushed the number of black jurors back 43 positions in the order of selection and moved potential white jurors up by three positions. Prospective jurors who live in Boston were pushed back 25 positions, and those under 30 moved back 13 slots, the defense said.

The statistician, comparing the reordered jurors to their original order, found there were no prospective black jurors among the first 94 people in the new order. He said there would have been five potential black jurors if the court had kept the jurors in their original order.

The defense also argued that the process violated the constitutional cross-section requirement by allowing people over 70 to opt out of jury service. Tsarnaev’s lawyers said nearly 96 percent of people over 70 who were summoned as potential jurors opted not to serve.

They also argued that the process did not identify enough prospective black jurors. They said although black people make up 6.14 percent of the population eligible for jury service, they make up only 4.25 percent of the list of names drawn for jury selection.

A spokeswoman for prosecutors declined to comment. The judge did not immediately rule on the request.

Tsarnaev, 21, is accused of carrying out twin bombings at the 2013 marathon. The explosions killed three people and injured more than 260.

Opening statements in the trial are scheduled for March 4.

Tsarnaev’s lawyers have argued repeatedly that the trial should be moved out of Massachusetts because of the emotional impact the bombings had in the state and because many people have personal connections to the case. They’ve been turned down three times by Judge George O’Toole Jr. but last week argued before the 1st U.S. Circuit Court of Appeals. The court has not yet issued its ruling.

Jeff Denner, a veteran Boston defense attorney who is not involved in the case, said he doesn’t see a contradiction between the defense push to move the trial out of Massachusetts and its complaint that jurors who live in Boston may have been underrepresented.

“Your first choice would be to get it to a place outside the district of Massachusetts. Your second choice, if you can’t do that, you still want at least the people you identify as perhaps having more favorable viewpoints from a defense perspective,” Denner said.

“I think they’ve made a determination that those people are more likely to be upscale urban dwellers who are likely to be more educated and more likely to be more receptive to the kind of political arguments to be made against the application of the death penalty in this particular circumstance.”

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Oakland Post: Week of December 31, 2025 – January 6, 2026

The printed Weekly Edition of the Oakland Post: Week of – December 31, 2025 – January 6, 2026

Published

7 days ago

January 2, 2026

Oakland Post

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2025 in Review: Seven Questions for Assemblymember Lori Wilson — Advocate for Equity, the Environment, and More

Her rise has also included several historic firsts: she is the only Black woman ever appointed to lead the influential Assembly Transportation Committee, and the first freshman legislator elected Chair of the California Legislative Black Caucus. She has also been a vocal advocate for vulnerable communities, becoming the first California legislator to publicly discuss being the parent of a transgender child — an act of visibility that has helped advanced representation at a time when political tensions related to social issues and culture have intensified.

Published

2 weeks ago

December 29, 2025

Oakland Post

Assemblymember Lori D. Wilson (D-Suisun City). File photo.

By Edward Henderson, California Black Media

Assemblymember Lori D. Wilson (D-Suisun City) joined the California Legislature in 2022 after making history as Solano County’s first Black female mayor, bringing with her a track record of fiscal discipline, community investment, and inclusive leadership.

She represents the state’s 11th Assembly District, which spans Solano County and portions of Contra Costa and Sacramento Counties.

California Black Media spoke with Wilson about her successes and disappointments this year and her outlook for 2026.

What stands out as your most important achievement this year?

Getting SB 237 passed in the Assembly. I had the opportunity to co-lead a diverse workgroup of colleagues, spanning a wide range of ideological perspectives on environmental issues.

How did your leadership contribute to improving the lives of Black Californians this year?

The Black Caucus concentrated on the Road to Repair package and prioritized passing a crucial bill that remained incomplete during my time as chair, which establishes a process for identifying descendants of enslaved people for benefit eligibility.

What frustrated you the most this year?

The lack of progress made on getting Prop 4 funds allocated to socially disadvantaged farmers. This delay has real consequences. These farmers have been waiting for essential support that was promised. Watching the process stall, despite the clear need and clear intent of the voters, has been deeply frustrating and reinforces how much work remains to make our systems more responsive and equitable.

What inspired you the most this year?

The resilience of Californians persists despite the unprecedented attacks from the federal government. Watching people stay engaged, hopeful, and determined reminded me why this work matters and why we must continue to protect the rights of every community in our state.

What is one lesson you learned this year that will inform your decision-making next year?

As a legislator, I have the authority to demand answers to my questions — and accept nothing less. That clarity has strengthened my approach to oversight and accountability.

In one word, what is the biggest challenge Black Californians are facing currently?

Affordability and access to quality educational opportunities.

What is the goal you want to achieve most in 2026?

Advance my legislative agenda despite a complex budget environment. The needs across our communities are real, and even in a tight fiscal year, I’m committed to moving forward policies that strengthen safety, expand opportunity, and improve quality of life for the people I represent.

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2025 in Review: Seven Questions for Assemblymember Tina McKinnor, Champion of Reparations, Housing and Workers’ Rights

In 2025, McKinnor pushed forward legislation on renters’ protections, re-entry programs, reparations legislation, and efforts to support Inglewood Unified School District. She spoke with California Black Media about the past year and her work. Here are her responses.

Published

2 weeks ago

December 29, 2025

Oakland Post

Assemblymember Tina McKinnor (D-Inglewood). File photo.

By Joe W. Bowers Jr., California Black Media

Assemblymember Tina McKinnor (D-Inglewood) represents

California’s 61st Assembly District.

As a member of the California Legislative Black Caucus (CLBC),

McKinnor was elected in 2022. She chairs the Los Angeles County Legislative Delegation and leads the Assembly Public Employment and Retirement Committee. McKinnor also served as a civic engagement director, managed political campaigns, and worked as chief of staff for former Assemblymembers Steven Bradford and Autumn Burke.

Looking back on 2025, what do you see as your biggest win?

Assembly Bill (AB) 628. If rent is $3,000, people should at least have a stove and a refrigerator. It’s ridiculous that people were renting without basic appliances.

I’m also proud that I was able to secure $8.4 million in the state budget for people coming home from incarceration. That includes the Homecoming Project, the menopause program for incarcerated women, and the Justice Leaders Program.

How did your leadership help make life better for Black Californians this year?

After the Eaton Fire, I pushed to get the same kind of support for affected areas that wealthier regions get after disasters.

I also did a lot of work building political power— establishing the Black Legacy PAC and California for All of Us PAC so we could support Black candidates and educate voters. We also called voters to make sure they understood Prop 50.

People need to understand this: there are only 12 Black legislators in the Capitol. Folks act like we can just walk in and pass reparations, but that’s not how it works.

What frustrated you most this year?

The governor did not have the political will to sign these bills: AB 57 and AB 62. They both passed overwhelmingly in the Assembly and the Senate. We did the work. The only person who didn’t have the political will to sign them was the governor.

The public needs to ask the governor why he didn’t sign the bills. We can’t keep letting people off the hook. He has to answer.

I also introduced AB 51 — the bill to eliminate interest payments on Inglewood Unified School District’s long-standing state loan — held in the Appropriations Committee. That was frustrating,

What inspired you most in 2025?

The civil rights trip to Alabama was life changing. We visited the Legacy Museum and the National Memorial for Peace and Justice. We took members of the Black, Latino, Jewish, and API caucuses with us. It changed all of us.

People aren’t always against us — they just don’t know our history.

What’s one lesson from 2025 that will shape how you approach decisions next year?

The legislative trip to Norway taught me that collaboration matters. Government, labor, and industry sit down together there. They don’t make villains. Everybody doesn’t get everything they want, but they solve problems.

What’s the biggest challenge facing Black Californians in one word?

Inequity. It shows up in housing, wealth, stress – all these things.

What’s the number one goal you want to accomplish in 2026?

Bringing back AB 57 and AB 62, and securing money for the Inglewood Unified loan interest forgiveness.