National

Marathon Bombing Suspect: Not Enough Minorities in Jury Pool

Published

11 years ago

February 27, 2015

In this Jan. 5, 2015, file courtroom sketch, Boston Marathon bombing suspect Dzhokhar Tsarnaev, left, is depicted beside U.S. District Judge George O’Toole Jr., right, as O’Toole addresses a pool of potential jurors in a jury assembly room at the federal courthouse, in Boston. (AP Photo/Jane Flavell Collins, File)

DENISE LAVOIE, AP Legal Affairs Writer

BOSTON (AP) — Lawyers for the Boston Marathon bombing suspect asked a judge Thursday to dismiss the indictment against their client or suspend his trial, saying there weren’t enough minorities and younger people in the jury pool.

The move by lawyers for Dzhokhar Tsarnaev came just days before opening statements and testimony are set to begin in his federal death penalty trial.

In their written motion, Tsarnaev’s lawyers say the selection process has undermined the required random summoning of potential jurors. They also say the process violated Tsarnaev’s constitutional right to have a jury that represents a “fair cross section of the community.”

The defense said 1,373 people, summoned from a population of about 5 million in eastern Massachusetts, were originally given numbers based on a random pool order list. New numbers were later assigned, based on when the jurors reported to court to complete written questionnaires.

The defense argues that the reordering undermined the randomness of the selection process and pushed certain groups — including blacks, people under 30 and people who live in Boston — down on the list and made them less likely to be chosen for the jury. Only about half of the 1,373 people summoned were considered based on their written questionnaires or questioned individually.

“This re-ordering, apparently based on non-random factors such as arrival time, had systemic effects on the order. The re-ordering was not random and had nonneutral effects on cognizable groups,” they wrote in their motion.

For example, a statistician hired by the defense found that the reordering of prospective jurors, on average, pushed the number of black jurors back 43 positions in the order of selection and moved potential white jurors up by three positions. Prospective jurors who live in Boston were pushed back 25 positions, and those under 30 moved back 13 slots, the defense said.

The statistician, comparing the reordered jurors to their original order, found there were no prospective black jurors among the first 94 people in the new order. He said there would have been five potential black jurors if the court had kept the jurors in their original order.

The defense also argued that the process violated the constitutional cross-section requirement by allowing people over 70 to opt out of jury service. Tsarnaev’s lawyers said nearly 96 percent of people over 70 who were summoned as potential jurors opted not to serve.

They also argued that the process did not identify enough prospective black jurors. They said although black people make up 6.14 percent of the population eligible for jury service, they make up only 4.25 percent of the list of names drawn for jury selection.

A spokeswoman for prosecutors declined to comment. The judge did not immediately rule on the request.

Tsarnaev, 21, is accused of carrying out twin bombings at the 2013 marathon. The explosions killed three people and injured more than 260.

Opening statements in the trial are scheduled for March 4.

Tsarnaev’s lawyers have argued repeatedly that the trial should be moved out of Massachusetts because of the emotional impact the bombings had in the state and because many people have personal connections to the case. They’ve been turned down three times by Judge George O’Toole Jr. but last week argued before the 1st U.S. Circuit Court of Appeals. The court has not yet issued its ruling.

Jeff Denner, a veteran Boston defense attorney who is not involved in the case, said he doesn’t see a contradiction between the defense push to move the trial out of Massachusetts and its complaint that jurors who live in Boston may have been underrepresented.

“Your first choice would be to get it to a place outside the district of Massachusetts. Your second choice, if you can’t do that, you still want at least the people you identify as perhaps having more favorable viewpoints from a defense perspective,” Denner said.

“I think they’ve made a determination that those people are more likely to be upscale urban dwellers who are likely to be more educated and more likely to be more receptive to the kind of political arguments to be made against the application of the death penalty in this particular circumstance.”

Oakland Post

Posts by Oakland Post

Up Next

Senate Panel Greenlights Obama’s Attorney General Pick

Don't Miss

3 Sentenced in Racial Beatings That Led to Black Man’s Death

Oakland Post

Click to comment

Activism

Ann Lowe: The Quiet Genius of American Couture

Lowe was born in Clayton, Alabama, into a family of gifted seamstresses. Her mother and grandmother were well-known dressmakers who created exquisite gowns for women in the area. By the time Lowe was a young girl, she was already showing extraordinary talent — cutting, sewing, and decorating fabric with a skill that far exceeded her age. When her mother died unexpectedly, Lowe – only 16 years old then – took over her mother’s sewing business, completing all the orders herself.

Published

1 day ago

December 14, 2025

Oakland Post

Photo courtesy of National Archives.

By Tamara Shiloh

Ann Cole Lowe, born Dec.14, 1898, was a pioneering American fashion designer whose extraordinary talent shaped some of the most widely recognized and celebrated gowns in U.S. history.

Although she designed dresses for society’s wealthiest families and created masterpieces worn at historic events, Lowe spent much of her life in the shadows — uncredited, underpaid, yet unmatched in skill. Today, she is celebrated as one of the first nationally recognized African American fashion designers and a true visionary in American couture.

In 1917, Lowe moved to New York City to study at the S.T. Taylor Design School. Although she was segregated from White students and forced to work separately, she, of course, excelled, graduating earlier than expected. Her instructors quickly recognized that her abilities were far above the typical student, especially her skill in hand-sewing, applique, and intricate floral embellishment – techniques that would become her signature.

Throughout the 1920s and 1930s, she designed gowns for high-society women in Florida and New York, operating boutiques and working for prestigious department stores. Her reputation for craftsmanship, originality, and elegance grew increasingly. She was known for creating gowns that moved beautifully, featured delicate hand-made flowers, and looked sculpted rather than sewn. Many wealthy clients specifically requested “an Ann Lowe gown” for weddings, balls, and galas.

Her most famous creation came in 1953: the wedding gown worn by Jacqueline Bouvier when she married Massachusetts Sen. John F. Kennedy. The dress – crafted from ivory silk taffeta with dozens of tiny, pleated rosettes – became one of the most photographed bridal gowns in American history. Despite this achievement, Lowe received no public credit at the time. When a flood destroyed her completed gowns 10 days before the wedding, she and her seamstresses worked day and night to remake everything – at her own expense. Her dedication and perfectionism never wavered.

She eventually opened “Ann Lowe Originals,” her own salon on New York’s Madison Avenue. She served clients such as the Rockefellers, DuPonts, Vanderbilts, and actresses like Olivia de Havilland. Yet even with her wealthy clientele, she struggled financially, often undercharging because she wanted every dress to be perfect, even if it meant losing money.

Lowe’s contributions were finally recognized later in life. Today, her exquisite gowns are preserved in museums, including the Smithsonian National Museum of African American History and Culture and the Metropolitan Museum of Art.

In the last five years of her life, Lowe lived with her daughter Ruth in Queens, N.Y. She died at her daughter’s home on Feb. 25, 1981, at the age of 82, after an extended illness.

Oakland Post

Posts by Oakland Post

Activism

Oakland Post: Week of December 10 – 16, 2025

The printed Weekly Edition of the Oakland Post: Week of – December 10 – 16, 2025

Published

3 days ago

December 13, 2025

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Oakland Post

Posts by Oakland Post

Alameda County

Seth Curry Makes Impressive Debut with the Golden State Warriors

Seth looked comfortable in his new uniform, seamlessly fitting into the Warriors’ offensive and defensive system. He finished the night with an impressive 14 points, becoming one of the team’s top scorers for the game. Seth’s points came in a variety of ways – floaters, spot-up three-pointers, mid-range jumpers, and a handful of aggressive drives that kept the Oklahoma City Thunder defense on its heels.

Published

2 weeks ago

December 4, 2025

Oakland Post

Seth Curry is a point guard on the GSW team.Photo courtesy of the Golden State Warriors.

By Y’Anad Burrell

Tuesday night was anything but ordinary for fans in San Francisco as Seth Curry made his highly anticipated debut as a new member of the Golden State Warriors. Seth didn’t disappoint, delivering a performance that not only showcased his scoring ability but also demonstrated his added value to the team.

At 35, the 12-year NBA veteran on Monday signed a contract to play with the Warriors for the rest of the season.

One of the most memorable moments of the evening came before Seth even scored his first points. As he checked into the game, the Chase Center erupted into applause, with fans rising to their feet to give the newest Warrior a standing ovation.

The crowd’s reaction was a testament not only to Seth’s reputation as a sharpshooter but also to the excitement he brings to the Warriors. It was clear that fans quickly embraced Seth as one of their own, eager to see what he could bring to the team’s championship aspirations.

Warriors’ superstar Steph Curry – Seth’s brother – did not play due to an injury. One could only imagine what it would be like if the Curry brothers were on the court together. Magic in the making.

Seth’s debut proved to be a turning point for the Warriors. Not only did he contribute on the scoreboard, but he also brought a sense of confidence and composure to the floor.

While their loss last night, OKC 124 – GSW 112, Seth’s impact was a game-changer and there’s more yet to come. Beyond statistics, it was clear that Seth’s presence elevated the team’s performance, giving the Warriors a new force as they look to make a deep playoff run.