Home › Case Library › United States v. Tsarnaev (juror-bias remand)
Awaiting decisionUnited States v. Tsarnaev (juror-bias remand)
Will Tsarnaev's death sentence survive the juror-bias inquiry in the district court?
Where the case stands
On remand from the First Circuit's March 2024 ruling (2-1) ordering the district court to investigate whether two jurors were dishonest during jury selection about their social-media activity concerning the case; if bias is found, the death sentence must be vacated and a new penalty-phase trial held. Judge O'Toole has refused to recuse (March 2025) and the First Circuit declined to remove him (August 2025). Much of the remand proceeding has taken place under seal.
Background
Dzhokhar Tsarnaev was convicted of the 2013 Boston Marathon bombing, which killed three spectators and MIT officer Sean Collier and injured hundreds. His death sentence has already been vacated once by the First Circuit (2020) and reinstated by the Supreme Court (2022); what remains is a court-ordered inquiry into two trial jurors.
Charges
- Convicted April 2015 on all 30 federal counts, including use of a weapon of mass destruction resulting in death; sentenced to death in June 2015
The arguments
Prosecution/State: The jurors' social-media posts were immaterial or innocuous, voir dire was adequate, and the twice-tested death verdict should stand.
Defense: Two seated jurors concealed disqualifying social-media activity (one had retweeted a post calling Tsarnaev a piece of garbage; another discussed the case despite denials), so the penalty verdict was tainted by juror dishonesty and must be vacated.
The record
- Juror social-media records. Twitter/Facebook activity of Jurors 138 and 286 cited by the First Circuit as requiring investigation into their candor during voir dire.
- Trial record. Full public trial record of the 2015 guilt and penalty phases, including hundreds of exhibits, on the public docket.
- Appellate record. First Circuit 2020 vacatur, Supreme Court 2022 reinstatement (argument audio public), and the March 2024 First Circuit remand opinion.
The line-setting read at the time this market opened
O'Toole has shown no sympathy for the bias claim — he initially declined the investigation the First Circuit later ordered, and he refused to recuse. But the First Circuit panel majority found the juror-candor issue substantial enough to compel the inquiry, and it retains review either way. District-level odds favor the sentence standing; the litigation will continue regardless of outcome.
Awaiting decision — Judge O'Toole's ruling on the juror-bias inquiry — reject the claim and leave the death sentence in place, or vacate the sentence and order a new penalty-phase trial. The ruling is posted here, and on the board, the moment it's confirmed by two or more independent news organizations.
Sources
- NBC News — juror-bias probe ordered
- Boston Globe — appeal marked by delays and secrecy
- WBUR — recusal mandamus denied
- CBS Boston — juror bias probe
- NPR — SCOTUS reinstates death sentence
Public record
- Supreme Court oral-argument audio, United States v. Tsarnaev, No. 20-443 (Oct. 13, 2021)
- CourtListener/RECAP district docket, United States v. Tsarnaev, 1:13-cr-10200 (D. Mass.)
- CourtListener First Circuit appellate docket, No. 16-6001
About this library
Every case on Bet! GUILTY or NOT? is a real, currently pending or recently decided court matter. This library carries the casebrief and the sources for every case on the docket — open or decided. Browse the full docket library.