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In symbolic move, Judge orders Tsarnaev to pay victims

Dzhokhar Tsarnaev.FBI

A federal judge has ordered that Dzhokhar Tsarnaev pay $101 million in restitution to the Boston Marathon bombing victims, according to court records unsealed Friday.

Tsarnaev will have no ability to pay the restitution while he remains in prison appealing a death sentence, making the order a symbolic gesture — a further condemnation for his role in the April 15, 2013 attack that killed three people and injured more than 260 others.

US District Judge George A. O’Toole Jr. ordered that Tsarnaev pay $101,124,027 to 49 individual victims and to the Massachusetts Victim Compensation Fund. That fund has already been used to pay other bombing victims, and the ordered restitution would repay that fund.


The judge’s order was based on a consultant’s report of the cost of the injuries suffered by victims and the financial toll the injuries will take on the rest of their lives. Tsarnaev’s lawyers did not oppose the calculations for the restitution order, but are appealing his conviction and death sentence.

Tsarnaev, 22, is being held at the federal supermax prison in Colorado during his appeal. A jury condemned him to death in May after a trial that lasted four months.

Separately Friday, O’Toole rejected Tsarnaev’s request for a new trial, which was based in large part on Tsarnaev’s claim that he could not get a fair trial in the same city where the bombing occurred.

In his 37-page decision Friday, O’Toole said that Tsarnaev raised issues that he had already resolved before and during the trial. He also rejected Tsarnaev’s claim that a recent US Supreme Court decision redefined some of the crimes that Tsarnaev was convicted of, denying the claim that the new definitions warrant a new trial.

Tsarnaev will now be able to appeal O’Toole’s handling of the case to the US Court of Appeals for the First Circuit, which could take years.


Milton J. Valencia can be reached at MValencia@globe.com. Follow him on Twitter @MiltonValencia