Rollins Would Seek Death Penalty For Marathon Bomber Dzhokhar Tsarnaev

BOSTON — U.S. Attorney Rachael Rollins said she would pursue reinstating the death penalty against Boston Marathon bomber Dzhokhar Tsarnaev if told to do so by the country's chief law enforcement officer.

Rollins said on GBH News on Monday she would take the step if Attorney General Merrick Garland instructed her to do so, and after speaking with victims of the 2013 bombings.

Tsarnaev was convicted for his role in the deadly attack, but his death sentence was vacated when an appeals court ruled that the trial judge should have allowed evidence that Tsarnaev's lawyers said showed his older brother, Tamerlan, heavily influenced him and lessened Dzhokhar's responsibility.

At issue is also whether the judge properly questioned jurors about their exposure to the bombings.

If the Supreme Court rules the appeals court shouldn't have vacated the death penalty — a decision it seemed inclined to make in arguments during the fall — it would be reinstated. But if it affirms the appeals court ruling, there would have to be a new push for the death penalty.

Despite President Joe Biden calling for an end to the federal death penalty, his Justice Department has pushed for it to be reinstated in Tsarnaev's case.