Tsarnaev Trial Start Delayed, New Battle Over VenueBy Jeralyn, Section Terror Trials
Posted on Fri Jan 23, 2015 at 08:57:00 AM EST
Dzhokhar Tsarnav's defense team filed a third motion to change venue yesterday. They provided a lot of statistics and quotes from the voir dire process so far to show Tsarnaev cannot get a fair trial in Boston.
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Also yesterday, the court sent out a notice to the media yesterday that because jury selection is going so slowly, the trial will not begin next week as planned. No new date has been set.
The New Yorker has just published this interesting article on the jury selection process so far. The most memorable paragraph discusses a dispute between the parties over the meaning of the presumption of innocence:
Quote:
If jurors cannot be expected to believe that Tsarnaev is innocent, there is the question of what the “presumption of innocence” means. On the third day of the voir dire, an argument erupted between the defense and the prosecution about this basic issue. Judy Clarke, one of the defense attorneys, said that the questioning was conflating the presumption of innocence with the concept of burden of proof, and assuming that it was enough for a prospective juror to understand that it was the government’s duty to show that Tsarnaev was guilty. The judge sided with the prosecution, saying that “presumption of innocence” is “a term of art” that does not actually mean presuming the innocence of a defendant.
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Different standards may apply for state trials, but Tsarnaev is being tried in federal court, where the presumption of innocence is not and has never been, as far as I can tell, merely a term of art.
....more at linkhttp://www.talkleft.com/story/2015/1/23 ... ver-Venue-