A federal court has denied a request by attorneys for Boston Marathon bomber Dzhokhar Tsarnaev to remove the judge overseeing the protracted legal battle over his death sentence.

Boston Marathon bomber Dzhokhar Tsarnaev has suffered a setback in his death penalty sentencing appeal. Tsarnaev had been trying to toss the federal judge from the case, as the killer fights to dodge a death sentence. But a federal appeals court on Thursday ruled that the judge — George A. O’Toole Jr. — will stay on for the case.

B oston Marathon bomber Dzhokhar Tsarnaev has lost his bid to remove the judge overseeing the lengthy legal battle over his death sentence. In August 2024, Tsarnaev’s attorneys challenged U.S. District Court Judge George O’Toole’s impartiality, citing comments O’Toole made about the case during podcasts and at public events.