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No change of venue in Boston Marathon bombing trial

Judge rules Dzhokhar Tsarnaev's trial won't be moved out of Boston; agrees to two-month delay.

By Danielle Haynes

BOSTON, Sept. 24 (UPI) -- A federal judge on Wednesday denied a request by the lawyers for accused Boston Marathon bomber Dzhokhar Tsarnaev to move the trial outside of Massachusetts.

U.S. District Court Judge George A. O'Toole Jr. ruled the trial will take place in Boston, not out of state like the defense asked.

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"The underlying events and the case itself have received national media attention. It is doubtful whether a jury could be selected anywhere in the country whose members were wholly unaware of the Marathon bombings," the judge wrote in a 10-page decision.

"The Constitution does not obligate them to be," he added. "It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court."

Meanwhile, O'Toole agreed to delay the beginning of the trial until Jan. 5, two months after the scheduled start date of Nov. 3.

Tsarnaev, 21, and his brother, Tamerlan, allegedly set off two backpack bombs at the marathon finish line on April 15, 2013, choosing a time when the area would be crowded with middle-of-the-pack runners and their supporters. Three people were killed and more than 260 injured.

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Tamerlan Tsarnaev, 26, was killed in a confrontation with police a few days later, after he and his brother allegedly killed an officer at the Massachusetts Institute of Technology. Tsarnaev could be sentenced to death if he is convicted.

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