Court denies request for judge to recuse himself from Tsarnaev's death sentence review
WASHINGTON, JUL 31 – The appeals court ruled Judge George O'Toole will continue reviewing Tsarnaev's death sentence despite concerns about impartiality linked to his podcast comments.
- On July 31, 2025, a First Circuit U.S. Court of Appeals denied a recusal request, ruling the defense failed to prove irreparable harm in Tsarnaev's death sentence review.
- Earlier this year, Tsarnaev’s attorneys pointed to Judge George O'Toole's comments on podcasts and public events during the recusal appeal.
- Appeals court judges noted that two panel discussions and a podcast did not justify recusal, stating they “carefully reviewed” O’Toole’s remarks.
- On Thursday, appeals court concluded O’Toole should continue presiding, allowing Tsarnaev’s death sentence review to proceed under the same oversight.
- Amid ongoing legal battles, his defense argues bias, and the March 2024 order still mandates a juror bias investigation, with Tsarnaev’s appeals reaching the U.S. Supreme Court.
46 Articles
46 Articles

A federal appeals court ruled Judge George O'Toole can remain in Dzhokhar Tsarnaev's death sentence case despite defense claims of bias
Federal Court Denies Boston Bomber’s Request to Remove Judge Overseeing Death Sentence Appeal
A federal appeals court on July 31 denied a request by lawyers for the Boston Marathon bomber Dzhokhar Tsarnaev to remove the judge overseeing his death sentence appeal. Tsarnaev’s lawyers cite the judge’s comments on a podcast as reason for recusal. Tsarnaev was convicted in 2015 of helping carry out the 2013 bombing that killed three people and injured more than 260 near the Boston marathon finish line. Attorneys for Tsarnaev argued that Distr…
U.S. Appeals Court denies Boston Marathon bomber’s effort to get new judge
The First Circuit Court of Appeals this week denied an effort by Boston Marathon bomber Dzokhar Tsarnaev to have the judge who presided over his trial removed from the case amid a lengthy battle over Tsarnaev’s death sentence.

Federal court denies Boston bomber's request for new judge to oversee death sentence appeal
A federal court has denied a request by attorneys for Boston Marathon bomber Dzhokhar Tsarnaev to remove the judge overseeing the protracted legal battle over his death sentence.
Appeals court rejects Boston Marathon bomber’s bid to remove judge from his case - The Boston Globe
The US First Circuit Court of Appeals rejected a claim that comments a judge made about the case on a podcast and at public events raised concerns about his impartiality.
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