partlycloudy
Wednesday May 25th, 2016 3:23PM

Judge sets November trial in marathon bombing

By The Associated Press
BOSTON (AP) -- Boston Marathon bombing suspect Dzhokhar Tsarnaev was given a November trial date over the strenuous objections of his attorneys, who said Wednesday that they won't have enough time to mount a defense in a terrorism case that carries a possible death penalty.

The Nov. 3 trial date is nearly a year earlier than the earliest date requested by Tsarnaev's lawyers, but in line with what prosecutors had sought.

"I think it is a realistic and a fair one," U.S. District Judge George O'Toole Jr. said of the schedule he set.

Federal prosecutors announced last month that they will seek the death penalty against Tsarnaev, who is charged in twin bombings that killed three people and wounded more than 260.

Prosecutors allege that Tsarnaev, 20, and his brother, Tamerlan Tsarnaev, built and planted two pressure cooker bombs near the finish line of the marathon last April. Tamerlan Tsarnaev died following a shootout with police several days later.

Dzhokhar Tsarnaev has pleaded not guilty to 30 federal counts, including using a weapon of mass destruction. He is being held at a federal prison and was not in court for Wednesday's hearing.

Several people injured in the bombings did attend, including Marc Fucarile.

Fucarile, who lost his right leg above the knee, said he wished the trial would start even earlier.

"Why not?" he said. "Everybody should be on the same page ... It's pretty cut and dried with the evidence. Don't waste anybody's time."

Defense attorney Judy Clarke, one of the country's leading death penalty specialists, complained that prosecutors have been "sluggish" in turning over evidence to her team. In particular, she cited 2,000 pieces of physical evidence at an FBI lab in Quantico, Va., that the defense hasn't been able to examine yet.

"It's not the defense dragging its feet. We're really struggling with getting access to evidence," she said.

Clarke said it's doubtful the defense could get experts to review the items before this summer, which would make a November trial date "virtually impossible."

Clarke said the defense has a "tremendous amount" of work to do to compile information on Tsarnaev's family history. The family lived in the former Soviet republic of Kyrgyzstan and came to the United States about a decade ago from the Dagestan region of Russia.

"There's just a tremendous amount of logistical hurdles," she said.

O'Toole did not agree to change the trial date, but he did order prosecutors to compile a list of the items in Quantico for Tsarnaev's lawyers by the end of the week. The judge scheduled another court hearing for June 18.
© Copyright 2016 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Judge denies motions to move, delay Tsarnaev trial
Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a federal appeals court Wednesday to overturn a judge's decision to not move his upcoming trial out of state.
10:02PM ( 1 year ago )
High court to adopt electronic filing of cases
The Supreme Court is belatedly developing an electronic filing system similar to those used in courts around the country, Chief Justice John Roberts said Wednesday in his annual end-of-year report.
7:57PM ( 1 year ago )
Storm brings snow, cold to West for New Year's
A blustery winter storm dumped snow and ice across the West on Wednesday, making driving treacherous in the mountains from California to the Rockies and forcing residents and party-goers in some usually sun-soaked cities to bundle up for a frosty New Year's.
5:19PM ( 1 year ago )
U.S. News
Grass fire impacts rush hour traffic on 985
Rush hour traffic on I-985 was slowed by a grass fire Wednesay afternoon with one lane closed while firefighters fought the blaze.
10:19PM ( 1 year ago )
Hall County conviction, sentencing to be reviewed by SCOGA
The State Supreme Court has agreed to hear the appeal of a Hall County man when they reconvene in January.
2:37PM ( 1 year ago )
Local/State News
Amid shouts of 'shame,' House GOP defeats gay rights measure
Democrats shouted "shame," but House Republicans switched their votes and defeated a measure to protect gay rights
8:03PM ( 5 days ago )
CDC director Freiden warns GOP Zika bill is inadequate
The head of the Centers for Disease Control and Prevention warned Wednesday that a House GOP measure to combat the Zika virus is inadequate to deal with the swelling threat to public health
7:36PM ( 6 days ago )
Trump unveils list of his top picks for Supreme Court
Donald Trump, the presumptive Republican nominee for president, released Wednesday a list of 11 potential Supreme Court justices he plans to vet to fill the seat of late Justice Antonin Scalia if he's elected to the White House.
3:31PM ( 6 days ago )
1st US penis transplant could bring hope to maimed soldiers
A 64-year-old cancer patient has received the nation's first penis transplant, a groundbreaking operation that may also help U.S. veterans maimed by roadside bombs
8:04PM ( 1 week ago )
States dig in against directive on transgender bathroom use
Politicians in Texas, Arkansas and elsewhere are vowing defiance over the Obama administration's new directive on transgender bathroom use
9:19PM ( 1 week ago )