Legal questions swirl as prosecutors prepare to charge marathon bombing suspect

[DonViejo]

By Peter Schworm
Globe Staff / April 21, 2013

Federal prosecutors Sunday were poised to bring criminal charges against Boston Marathon bombing suspect Dzhokhar Tsarnaev, launching a process legal specialists said would unfold during many months and involve a number of critical, emotionally charged decisions.

Carmen Ortiz, the US attorney in Massachusetts, declined to say Saturday when charges would be brought, or which crimes would be included, but said her office was “formulating the charges.”

While staffers worked on the legal documents, questions swirled:

Chief among them are whether to seek the death penalty for the attacks, which killed three people and wounded more than 170; the potential consequence of authorities’ decision not to read Tsarnaev his Miranda rights; and whether Tsarnaev’s case would be moved outside Boston in order to assure a fair trial. State prosecutors may also file charges in the case.

Several lawyers noted that the trial of Timothy McVeigh, the bomber of the Oklahoma City federal building, was moved to Colorado.

full article
http://www.boston.com/news/nation/2013/04/21/legal-questions-swirl-prosecutors-prepare-charge-marathon-bombing-suspect/76AdFpsO9NcElmkrmtQRMO/story.html

[tularetom]

1. I may be tired or just dealing with the results of too much Merlot last night but

how the hell is this a Federal offense?

It was obvious from the start that the Oklahoma City case came under Federal jurisdiction since it involved government property.

But somehow I'm not getting the Federal connection here.

[maddezmom]

2. Here is an article that gives some info

http://www.philly.com/philly/news/breaking/20130422_Death_penalty_in_Boston_bombing_case_.html

snip


About 40 federal statues include a possible death penalty, including using explosives to kill and the slaying of a local police officer assisting in a federal investigation.

Three people were killed and 180 wounded last Monday when two bombs exploded last near the finish line of the Boston Marathon. Authorities identified two suspects: Tsarnaev and his older brother, Tamerlan Tsarnaev, who died early Friday morning after a gun battle with police.

Before the police pursuit began, the two allegedly gunned down MIT police officer Sean Collier on Thursday night.

That crime might also be punishable under a federal statute, 18 USC 1121, which expressly states that "Whoever intentionally kills (1) a State or local official, law enforcement officer, or other officer or employee while working with Federal law enforcement officials . . . shall be sentenced according to the terms of section 1111, including by sentence of death or by imprisonment for life."

Snip