U.S. court to hear Tsarnaev’s bid to move bombing trial out of Boston
The New York Times - 02/12/2015
The prosecution and defense can file written arguments before the oral arguments. Daniel S. Medwed, a law professor at Northeastern University, said he expected the prosecution to argue that deference should be given to Judge O’Toole’s judgment that a fair jury could be found because he was in the best position to evaluate the jury selection process. The prosecution is also likely to argue that Boston and the victims deserve to have the case tried where the crime occurred, he said.
As for the defense, “there’s mounting evidence, based on the questionnaires and the length of jury selection, that it’s becoming very, very difficult to find a fair and impartial jury,” Mr. Medwed said. “The trick for them is to be respectful of Judge O’Toole while still making the point that they believe he has been wrong and the case should be moved.”