Boston Marathon Bombing
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Boston Marathon bomber’s death sentence overturned

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A federal appeals court on Friday tossed the death sentence of Dzhokhar Tsarnaev, the man convicted in the 2013 Boston Marathon bombing.

A three-judge panel of the 1st U.S. Circuit Court of Appeals ordered a new penalty-phase trial, finding that the judge who oversaw the case didn’t sufficiently vet jurors for biases.

“But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution,” the judges said.

The April 15, 2013, attack killed three people and injured more than 260 others.

Tsarnaev’s lawyers acknowledged at the beginning of his trial that he and his older brother, Tamerlan Tsarnaev, set off the two bombs at the marathon finish line. But they argued that Dzhokar Tsarnaev is less culpable than his brother, who they said was the mastermind behind the attack.

Tamerlan Tsarnaev died in a gunbattle with police a few days after the bombing. Dzhokar Tsarnaev is now behind bars at a high-security supermax prison in Florence, Colorado.

Tsarnaev’s attorneys identified a slew of issues with his trial, but said in a brief filed with the court that the “first fundamental error” was the judge’s refusal to move the case out of Boston. They also pointed to social media posts from two jurors suggesting they harbored strong opinions even before the 2015 trial started.

The appeals judges, in a hearing on the case in early December, devoted a significant number of questions to the juror bias argument.

They asked why the two jurors had not been dismissed, or at least why the trial judge had not asked them follow-up questions after the posts came to light on the eve of the trial.

The judges noted that the Boston court has a longstanding rule obligating such an inquiry.

Tsarnaev’s lawyers say one of the jurors — who would go one to become the jury’s foreperson, or chief spokesperson — published two dozen tweets in the wake of the bombings. One post after Tsarnaev’s capture called him a “piece of garbage.”

Tsarnaev was convicted on 30 charges, including conspiracy and use of a weapon of mass destruction. An email was sent to his lawyer seeking comment.

MORE: Chicago Marathon canceled; one major marathon left in 2020

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Gregorio Paltrinieri swims second-fastest 1500m freestyle in history

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Olympic champion Gregorio Paltrinieri swam the second-fastest 1500m freestyle in history, clocking 14:33.10 in his native Italy on Thursday.

Paltrinieri, 25, missed Chinese Sun Yang‘s world record from the 2012 Olympics by 2.08 seconds.

The Italian now owns the second- and third-fastest times in history, including his 14:34.10 from the 2016 European Championships, also held at the 2012 Olympic pool in London.

Paltrinieri is a versatile distance swimmer. At last year’s world championships, he finished sixth in the open-water 10km to qualify for the Olympics, then won the 800m free in the pool in a European record time and finished with 1500m bronze, just missing a third straight world title in that event.

German Florian Wellbrock won the 1500m in 14:36.54 at worlds, with Paltrinieri finishing 2.21 seconds back.

Sun, 28, was in February banned eight years stemming from destroying a drug-test sample with a hammer in September 2018. Sun, who focused more on the 200m and 400m frees in recent years, did not race the 1500m at the 2017 or 2019 Worlds.

Top-level swim meets in the U.S. are scheduled to resume in November with the Tyr Pro Series.

MORE: Michael Phelps qualifies for first Olympics at age 15

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Bianca Andreescu to miss U.S. Open

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Bianca Andreescu withdrew from the U.S. Open, citing “unforeseen challenges, including the Covid pandemic” compromising her ability to prepare to defend her Grand Slam title.

“I have taken this step in order to focus on my match fitness and ensure that I return ready to play at my highest level,” Andreescu, a 20-year-old Canadian, posted on social media. “The US Open victory last year has been the high point of my career thus far and I will miss not being there. However, I realize that the unforeseen challenges, including the Covid pandemic, have compromised my ability to prepare and compete to the degree necessary to play at my highest level.”

Andreescu’s absence means the U.S. Open, the first Grand Slam tournament since tennis resumed amid the coronavirus pandemic, will be without both 2019 male and female singles champions.

Rafael Nadal previously announced he would not defend his title, saying he would rather not travel given the global situation. Roger Federer is also out after knee surgery. Women’s No. 1 Ash Barty didn’t enter, either, citing travel concerns.

Last year, Andreescu made her U.S. Open title run as the 15th seed, sweeping Serena Williams in the final. Ranked 208th a year earlier, she became the first player born in the 2000s to win a Slam and the first teen Slam winner since Maria Sharapova at the 2006 U.S. Open.

Andreescu then missed the Australian Open in January due to rehab from a knee injury that forced her to retire during a match at the WTA Finals on Oct. 30. She also missed the French Open and Wimbledon in 2019 following a rotator cuff tear.

MORE: Serena Williams, reclusive amid pandemic, returns to tennis competition

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