Where is dzhokhar now

The Supermax prison near Florence, Colo. Boston, MA, Robel Phillipos, one of the college buddies of convicted marathon bomber Dzhokhar Tsarnaev, right, leaves the federal courthouse in Boston, Friday, June 5, with his attorney Derege Demissie, left, after hearing the sentence.

Staff Photo by Chitose Suzuki. This combination of undated photos provided by their families shows, from left, Martin Richard, 8, Krystle Campbell, 29, and Lingzi Lu, a Boston University graduate student. Richard, Campbell and Lu were killed in the two explosions at the finish line of the Boston Marathon on Monday, April 15, On Friday, May 15, , a jury sentenced Dzhokhar Tsarnaev to death by lethal injection for the terror attack.

Family Photos via AP. The defense team for Boston Marathon bomber Dzhokhar Tsarnaev exhibited this photo during the sentencing phase of his trial at Moakley Federal Court. Courtesy of the Bostondefenders. Staff Photo by Matt Stone. By Joe Dwinell joed bostonherald.

Department of Justice This combination of photos provided on Friday, April 19, by the Federal Bureau of Investigation, left, and the Boston Regional Intelligence Center, right, shows a suspect that officials have identified as Dzhokhar Tsarnaev, being sought by police in connection with the Boston Marathon bombings.

District Judge George O'Toole, who presided over the trial, improperly excluded evidence relating to a triple murder in Waltham, Massachusetts linked to Tsarnaev's older brother. Lawyers for Tsarnaev, who is 28 now and was 19 at the time of the attack, have argued that he played a secondary role in the marathon bombing to his brother Tamerlan, who they called "an authority figure" with "violent Islamic extremist beliefs.

The conservative justices seemed willing to defer to O'Toole's decision to exclude the evidence in part because precise details of Tamerlan's role in the murder have not been established. The primary source of the evidence, a man named Ibragim Todashev, was killed by an FBI agent when he attacked officers during an interview. Conservative Justice Samuel Alito said if evidence of the Waltham murders were admitted, effectively a trial within a trial would be needed to determine what happened.

Alito called the evidence "inadmissible many times over in a regular trial. Fellow conservative Justice Neil Gorsuch wondered what would happen if the evidence were admitted but then it is "impossible to determine who led the Waltham murders.

Dzhokhar Tsarnaev is pictured in this handout photo presented as evidence by the U. Attorney's Office in Boston, Massachusetts on March 23, Liberal Justice Elena Kagan said Tsarnaev's lawyers are desperate to introduce mitigating evidence showing their client was in thrall to his brother.

O'Toole allowed some evidence about the brothers' relationship, but stopped short of "evidence of a gruesome, murderous crime" that would illustrate the "extraordinary influence" of the older brother over other people, Kagan added. In July , a federal appeals court said that Dzhokhar Tsarnaev would remain in prison for the rest of his life for "unspeakably brutal acts" but that he should be given a new penalty-phase trial, citing issues concerning juror selection and pretrial publicity as well as the exclusion of evidence that may have helped his case.

The 1st US Circuit Court of Appeals vacated the death penalty with directions to hold a new penalty-phase trial but warned: "Make no mistake" -- Tsarnaev "will spend his remaining days locked up in prison. A lawyer for the Biden administration on Wednesday called Tsarnaev a "terrorist" who acted in "furtherance of Jihad" and urged the justices to restore the jury's recommendation of death after the "carnage at the finish line.

The justices spent most of their time focusing on the evidence that a district court excluded from the penalty phase of the trial. Tsarnaev's lawyers sought to compel discovery about an unsolved triple murder that had occurred in in Waltham, Massachusetts. Investigators came to suspect a friend of Tamerlan, Ibragim Todashev, as being involved in the crime. Todashev initially denied involvement to agents, but eventually asked for a deal.

He said he had been involved but that Tamerlan had actually committed the murders by slitting the throats of the victims. Todashev had begun to write a confession but then attacked the agents who shot and killed him. Dzhokhar's lawyers sought to include the evidence because they argued it supported their proposition that their client did not deserve the death penalty, because he was only acting under the direction of his older brother who played a much greater role in executing the bombings at the marathon, as evidenced by his past experience.

In court Wednesday, Tsarnaev's lawyer Ginger Anders said it was "central to the mitigation case" demonstrating that the brothers were not equal partners in the crime. She said that the district court's error compromised safeguards needed to ensure that her client received an appropriate penalty.

But Deputy Solicitor General Eric Feigin called the evidence "unreliable hearsay" from a "dead man with a powerful motive to lie" and said the information was not central to the jury's final verdict. He said the murders remain unsolved and that there was insufficient evidence to describe Tamelan's true role in the crime to the jury. Feigin said that the jury decided to recommend death because Dzhokhar positioned himself "behind a group of children, putting down his backpack. In court, conservative justices seemed to agree with Feigin suggesting that the district court had been correct to exclude the evidence because it had never been proven and could be misleading to the jury.

Justice Samuel Alito asked sarcastically at one point whether a district court had to adopt a policy of "anything goes" when it comes to admitting testimony. Justice Brett Kavanaugh said he viewed a district court judge as having a "gatekeeping role" to keep out unsubstantiated evidence, and Justice Amy Coney Barrett noted that rules allow information to be excluded if it is "misleading.