MLW: Podcast: Former Prosecutor Brad Bailey on Judge’s Venue Order in ‘Tsarnaev’

Former prosecutor Brad Bailey on judge's venue order in 'Tsarnaev'

By: Noah Schaffer February 13, 2014

Lawyers in the Dzhokhar Tsarnaev case appeared in court Feb. 12 for the first time since the U.S. Department of Justice announced that it would seek the death penalty against the accused Boston Marathon bomber.

While the headlines from the hearing focused on U.S. District Court Judge George A. O'Toole's setting of a Nov. 3 trial date, other important scheduling matters came up as well. Most notably, O'Toole told defense lawyers that if they intend to file a motion for a change of venue, they must do so by June 18, which is Tsarnaev's next court date.
In a Lawyers Weekly podcast, criminal defense attorney Brad Bailey explains why the June 18 date does not bar the defense from renewing a venue request on the eve of trial; what factors Tsarnaev will consider before deciding whether to ask the judge to move the case out of Boston; and what his lawyers might do if O'Toole denies such a motion.