National

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 10 – 16, 2025

The printed Weekly Edition of the Oakland Post: Week of – December 10 – 16, 2025

Published

16 hours ago

December 13, 2025

Oakland Post

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Seth Curry Makes Impressive Debut with the Golden State Warriors

Seth looked comfortable in his new uniform, seamlessly fitting into the Warriors’ offensive and defensive system. He finished the night with an impressive 14 points, becoming one of the team’s top scorers for the game. Seth’s points came in a variety of ways – floaters, spot-up three-pointers, mid-range jumpers, and a handful of aggressive drives that kept the Oklahoma City Thunder defense on its heels.

Published

1 week ago

December 4, 2025

Oakland Post

Seth Curry is a point guard on the GSW team.Photo courtesy of the Golden State Warriors.

By Y’Anad Burrell

Tuesday night was anything but ordinary for fans in San Francisco as Seth Curry made his highly anticipated debut as a new member of the Golden State Warriors. Seth didn’t disappoint, delivering a performance that not only showcased his scoring ability but also demonstrated his added value to the team.

At 35, the 12-year NBA veteran on Monday signed a contract to play with the Warriors for the rest of the season.

One of the most memorable moments of the evening came before Seth even scored his first points. As he checked into the game, the Chase Center erupted into applause, with fans rising to their feet to give the newest Warrior a standing ovation.

The crowd’s reaction was a testament not only to Seth’s reputation as a sharpshooter but also to the excitement he brings to the Warriors. It was clear that fans quickly embraced Seth as one of their own, eager to see what he could bring to the team’s championship aspirations.

Warriors’ superstar Steph Curry – Seth’s brother – did not play due to an injury. One could only imagine what it would be like if the Curry brothers were on the court together. Magic in the making.

Seth’s debut proved to be a turning point for the Warriors. Not only did he contribute on the scoreboard, but he also brought a sense of confidence and composure to the floor.

While their loss last night, OKC 124 – GSW 112, Seth’s impact was a game-changer and there’s more yet to come. Beyond statistics, it was clear that Seth’s presence elevated the team’s performance, giving the Warriors a new force as they look to make a deep playoff run.

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LIHEAP Funds Released After Weeks of Delay as States and the District Rush to Protect Households from the Cold

BLACKPRESSUSA NEWSWIRE — The federal government has released $3.6 billion in home heating assistance after a delay that left states preparing for the start of winter without the program’s annual funding.

Published

2 weeks ago

December 1, 2025

Stacy M. Brown

By Stacy M. Brown
Black Press USA Senior National Correspondent

The federal government has released $3.6 billion in home heating assistance after a delay that left states preparing for the start of winter without the program’s annual funding. The Low-Income Home Energy Assistance Program, known as LIHEAP, helps eligible households pay heating and cooling bills. The release follows a shutdown that stretched 43 days and pushed agencies across the country to warn families of possible disruptions.

State officials in Minnesota, Kansas, New York, and Pennsylvania had already issued alerts that the delay could slow the processing of applications or force families to wait until December for help. In Pennsylvania, more than 300,000 households depend on the program each year. Minnesota officials noted that older adults, young children, and people with disabilities face the highest risk as temperatures fall.

The delay also raised concerns among advocates who track household debt tied to rising utility costs. National Energy Assistance Directors Association Executive Director Mark Wolfe said the funds were “essential and long overdue” and added that high arrearages and increased energy prices have strained families seeking help.

Some states faced additional pressure when other services were affected by the shutdown. According to data reviewed by national energy advocates, roughly 68 percent of LIHEAP households also receive nutrition assistance, and the freeze in multiple programs increased the financial burden on low-income residents. Wolfe said families were placed in “an even more precarious situation than usual” as the shutdown stretched into November.

In Maryland, lawmakers urged the Trump administration to release funds after the state recorded its first cold-related death of the season. The Maryland Department of Health reported that a man in his 30s was found outdoors in Frederick County when temperatures dropped. Last winter, the state documented 75 cold-related deaths, the highest number in five years. Rep Kweisi Mfume joined more than 100 House members calling for immediate federal action and said LIHEAP “is not a luxury” for the 100,000 Maryland households that rely on it. He added that seniors and veterans would be placed at risk if the program remained stalled.

Maryland Gov. Wes Moore used $10.1 million in state funds to keep benefits moving, but noted that states cannot routinely replace federal dollars. His administration said families that rely on medical equipment requiring electricity are particularly vulnerable.

The District of Columbia has already mapped out its FY26 LIHEAP structure in documents filed with the federal government. The District’s plan shows that heating assistance, cooling assistance, weatherization, and year-round crisis assistance operate from October 1 through September 30. The District allocates 50 percent of its LIHEAP funds to heating assistance, 10 percent to cooling, 13 percent to year-round crisis assistance, 15 percent to weatherization, and 10 percent to administrative costs. Two percent is used for services that help residents reduce energy needs, including education on reading utility bills and identifying energy waste.

The District’s plan lists a minimum LIHEAP benefit of $200 and a maximum of $1,800 for both heating and cooling assistance. Crisis benefits are provided separately and may reach up to $500 when needed to resolve an emergency. The plan states that a household is considered in crisis if it has been disconnected from energy service, if heating oil is at 5 percent or less of capacity, or if the household has at least $200 owed after the regular benefit is applied.

The District’s filing notes that LIHEAP staff conduct outreach through community meetings, senior housing sites, Advisory Neighborhood Commissions, social media, posters, and mass mailings. The plan confirms that LIHEAP applicants can apply in person, by mail, by email, or through a mobile-friendly online application and that physically disabled residents may request in-home visits.

As agencies nationwide begin distributing the newly released funds, states continue working through large volumes of applications. Wolfe said LIHEAP administrators “have been notified that the award letters have gone out and the states can begin to draw down the funds.”