Boston Marathon Bomber Dzhokhar Tsarnaev’s Lawyers To Ask For Fresh Trial, New

Boston Marathon bomber Dzhokhar Tsarnaev’s arguments for a new trial will be heard by a judge, reports the Associated Press.

The hearing is scheduled for Tuesday, but Tsarnaev isn’t expected to attend.

Tsarnaev’s lawyers told a judge Tuesday that a recent Supreme Court ruling calls into question 15 of the 30 counts against him. They also say he should get a new trial to decide his punishment because the jury’s imposition of the death penalty on other counts likely was influenced by the 15 counts related to crimes of violence.

Tsarnaev was convicted and sentenced to death earlier this year for his role in the 2013 Boston marathon bombing. During the trial, Tsarnaev admitted to placing the bombs, but said his brother planned the entire attack. The lawyers gave the reason of a possible partiality among the jurors in greater Boston due to the publicity before the trial, local outrage, and the intense media coverage for the second anniversary of the attack.

In addition to Tsarnaev’s bid to overturn his death sentence, O’Toole will hear arguments for and against prosecutors learning about his life inside the nation’s toughest prison while his legal team, which considers such information privileged, is working on his appeals.