Boston Marathon bomber to appeal for new trial

BOSTON – The case of Boston Marathon bomber Dzhokhar Tsarnaev will return to a federal court here Tuesday where a judge will review a motion requesting a new trial in a different venue.

U.S. District Judge George O’Toole Jr. is scheduled to hear arguments for the new trial request by the defense, who says the venue in Boston was "improper," according to the motion filed Oct. 30. It was not clear whether Tsarnaev would make an appearance at the hearing.

The defense argues that the trial should have been moved out of Massachusetts because of the severe emotional impact the bombing had on the city of Boston. O'Toole rejected numerous earlier requests from the defense to move the trial, which was held in the federal court in Boston.

Tsarnaev was convicted in April for his role in the April 2013 bombings in which he and his brother, Tamerlan Tsarnaev, planted two pressure cooker bombs near the finish line of the Boston Marathon. The attack and subsequent four-day manhunt resulted in the deaths of four people and seriously injured more than 260 others. Tamerlan Tsarnaev died when he was shot by police and run over by his brother during a getaway attempt.

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Tsarnaev initially filed court papers for the appeal in July, shortly after the jury determined that Tsarnaev, now 22 years old, should face execution for the attack. The defense also filed a request for a judgment notwithstanding the verdict – which is a request filed by defense lawyers asking a judge to reverse or amend the jury's verdict.

At the formal sentencing in June, Tsarnaev apologized for the suffering he caused. O'Toole appeared unmoved. "What will be remembered is that you murdered and maimed innocent people, and that you did it willfully and intentionally," O'Toole said.

Follow USA TODAY reporter Trisha Thadani on Twitter: @TrishaThadani