Dzhokhar Tsarnaev

Tsarnaev lawyers push for new judge in juror bias investigation

The U.S. Attorney's Office says the request should be denied

Photo provided by FBI via Getty Images

In this image released by the Federal Bureau of Investigation on April 19, 2013, Dzhokhar Tsarnaev, 19-years-old, a suspect in the Boston Marathon bombing is seen. After a car chase and shoot out with police one suspect in the Boston Marathon bombing, Tamerlan Tsarnaev, 26, was shot and killed by police early morning April 19, and a manhunt is underway for his brother and second suspect, 19-year-old suspect Dzhokhar A. Tsarnaev. The two are suspects in the bombings at the Boston Marathon on April 15, that killed three people and wounded at least 170.

Lawyers for Boston Marathon bomber Dzhokhar Tsarnaev want a new judge to oversee the investigation into juror bias.

They say the judge that oversaw Tsarnaev's 2015 death penalty trial should excuse himself after making public comments about the case.

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According to The Boston Globe, Tsarnaev's legal team says that U.S. District Judge George A. O'Toole Jr. "invited trouble" by commenting on the case on a podcast and during panel discussions, and those comments violate the judicial code of conduct.

The U.S. Attorney's Office says the defense's request should be denied because the judge did not discuss the merits of the case.

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