Prosecutors have announced that they won’t challenge a federal appeals court ruling regarding possible juror bias in the death penalty case of Boston Marathon bomber Dzhokhar Tsarnaev. Defense lawyers for Tsarnaev are fighting to get his death penalty sentence overturned, arguing bias over questionable social media posts made by two people who sat on the jury that convicted him for his role in the bombing that killed three people and injured hundreds near the marathon’s finish line in 2013. The appeals court recently ordered the judge who oversaw Tsarnaev’s trial to investigate the defense’s claims of juror bias and determine whether his death sentence should stand.

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