A jury unanimously recommended that Sampson receive the death penalty, the district court followed the jury’s recommendation, and the First Circuit affirmed.Post-conviction proceedings were handled by a different attorney, who brought claims that three jurors gave false answers to voir dire questions, resulting in prejudice. After a hearing, the district court ordered a new penalty-phase hearing and set aside the sentence. On petition for a writ of mandamus, the First Circuit agreed that “defendant’s sentence must be set aside and a new penalty-phase hearing conducted.“Months after the First Circuit’s ruling, prosecutors must still decide whether to pursue the death penalty again. It’s a difficult decision given the families of victims are trying to get closure and there is a possibility they will have to relive the whole experience again. According to The Boston Globe, Scott McCloskey, the son of one of Sampson’s victims stated:

Another victim’s family member, Mike Rizzo, told The Boston Globe:

We’re not ready to throw in the towel….He was found guilty, he got the death penalty, and that’s the way it should be….None of us want to go through this, it’s a long process….I do want them to move forward. He deserves what he should get.

We want to pursue the best sentence, which would be the imposition of the death penalty….It will open a lot of old wounds and memories we’d prefer not to have, but I think from our perspective, we can deal with it, and try to get the best sentence possible.

This case is especially significant because Sampson was the first person to receive a death sentence in Massachusetts federal court in over fifty-years. Prosecutors have not yet decided whether to let Sampson serve a life sentence or to pursue the death penalty. Related Resources:

  • First Circuit May Hear Gary Sampson Death Penalty Case (FindLaw’s U.S. First Circuit Blog)
  • Prosecution in Ex-Mobster Case Wants Jury Background Checks (FindLaw’s U.S. First Circuit Blog)
  • Dzhokhar Tsarnaev Pleads Not Guilty, Setting Stage for Trial (FindLaw’s U.S. First Circuit Blog)

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