Tsarnaev defense: Delay jury selection and relocate the trial
BostInno - 02/04/2015
On Tuesday evening, Tsarnaev’s defense team filed yet another attempt to stay jury selection and relocate the trial out of Boston, this time petitioning a federal appeals judge instead of presiding Judge George O’Toole. The defense’s filing comes hot on the heels of a U.S. District Court of Massachusetts announcement that “barring further weather delays, it is reasonable to think that the voir dire process may be completed by the end of next week.”
If voir dire proceeds unobstructed, the trial proper could conceivably begin Feb. 17 – the Tuesday after Presidents Day. This is the second time the defense asked the court of appeals to issue a writ of mandamus – a means of circumventing a judge’s previous ruling in hopes of ordering him to do make another.
According to Northeastern University School of Law Professor Daniel Medwed, “Mandamus is a rare maneuver that asks a judge, in effect, to ‘prohibit’ the action from proceeding.” Judge O’Toole has denied every request to relocate thus far.