marathon, the supreme court tackled the death penalty sentence, convicted in the 2013 bombing of that race that killed three and injured hundreds. a jury recommended the death penalty, which the trial court imposed, but on appeal, the death penalty was vacated based on two issues the justices are now considering. first, did a lower court wrongfully exclude a specific question from the defense about media coverage when vetting potential jurors? >> what was wrong with the one question they wanted to ask? what stands out in your mind about all of the publicity? >> that seems like a totally appropriate pressure dumb a question to me. >> is the second issue that occupy the vast majority of the argument. was the evidence regarding triple murder in which his older brother was a suspect wrongfully kept from in the jury? the younger brother 'legal team argued it would show he was the aggressive, violent, mastermind who felt justified in carrying out the crimes in the name of.