Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev have asked a federal appeals court for the second time to order the judge to move his trial outside of Massachusetts, arguing he cannot get a fair trial here.
The defense filed its request late Tuesday. It asked the 1st U.S. Circuit Court of Appeals to order Judge George O'Toole to move the trial or to suspend jury selection until he rules on a third change of venue request.
The 1st Circuit rejected a similar request last month, before jury selection began.
In their new request, Tsarnaev's lawyers say their review of questionnaires filled out by 1,373 prospective jurors show that 68 percent already believe Tsarnaev is guilty.
Three people were killed and more than 260 were injured when two bombs exploded near the marathon finish line in April 2013.