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Dzhokhar Tsarnaev, 20, was accused of orchestrating the bombings that took place at the 117th running of the Boston Marathon on April 15, 2013. Tsarnaev's brother, Tamerlan, was also a suspect in the case, but was killed during a police shootout before Tsarnaev's capture. The explosions near the finish line killed three people and wounded 260. Tsarnaev was charged with 30 criminal counts, 17 of which included the death penalty as a possible punishment. While capital punishment is unconstitutional in Massachusetts, Tsarnaev was charged under federal terrorism laws that allowed for the implementation of the death penalty. Tsarnaev's attorneys requested additional time to convince prosecutors to spare their client's life, but Judge George O'Toole denied the defense attorneys' pleas. In the ruling, Judge O'Toole cited the Attorney General's ultimate discretion in the matter, noting that it would be "well beyond the scope of any inherent authority" he had to intervene.^[5][6][7]

Tsarnaev's attorneys also requested sweeping access to the prosecution's files in the case -- a request that Judge O'Toole denied. Tsarnaev's defense team failed to provide any specificity in their request, which prompted Judge O'Toole to note that the defense "essentially seeks access to the government’s information haystack because he is confident there are useful evidentiary needles to be found there. That is simply not enough to trigger a disclosure obligation..." The judge did, however, rule that Tsarnaev's attorneys were entitled to all relevant information in the government's files, including but not limited to, recordings of calls Tsarnaev made while in custody, and information regarding Tsarnaev's eligibility for the death penalty. The order can be found here.^[8]

Attorney General Eric Holder had until January 31, 2014, to decide whether the government would pursue the death penalty as an option in the case. On January 30, 2014, the Department of Justice (DOJ) announced that it would authorize prosecutors to seek the death penalty against Tsarnaev, citing the defendant's lack of remorse and the age of the victims, one of whom was eight years old. The DOJ's notice of intent to seek the death penalty is available here. On February 12, 2014, O'Toole notified counsel that Tsarnaev's trial would begin on November 3, 2014, despite the fact that Tsarnaev's defense team requested that the trial begin no earlier than fall 2015.^[9][10] He later did, however, delay the trial's starting date to January 5, 2015.^[11]

On February 20, 2014, Judge O'Toole approved the addition of a second death penalty expert to Tsarnaev's defense team. The defense team's previous request to supplement their client's representation in court was denied by O'Toole, without prejudice. In this case, the judge ruled that a "satisfactory showing" was made as to why a second death penalty expert was "necessary for adequate representation."^[12]

On March 12, 2014, Judge O'Toole set a hearing date of April 16, 2014, which would allow the defense to present arguments as to why the court should end their client's special prison restrictions. In addition, the defense would be allowed to argue in favor of reducing the total number of criminal charges their client faces. Tsarnaev's lawyers believed that "[s]uch proliferation of multiple capital charges arising from each alleged act appears designed to put a thumb on the scales of justice in favor of the death penalty."^[13] In May 2015, Tsarnaev was sentenced to death.^[14] In July 2020, the United States Court of Appeals for the First Circuit vacated the death sentence due to potential juror bias and the exclusion of certain evidence in the original trial.^[15]

On April 22, 2013, Judge Bowler presided over the initial appearance of Boston Marathon bombing suspect Dzhokhar Tsarnaev while he was hospitalized. He was charged with using a weapon of mass destruction and malicious destruction of property for a bombing which caused the death of three civilians and injuries to over 200 more.^[16] Though early reports indicated Tsarnaev was unable to speak due to injuries sustained during the manhunt that lead to his capture, later reports confirmed that he was actually able to reveal details of the attack to investigators. Several Republican lawmakers publicly criticized Judge Bowler's actions during the appearance, as reports also indicate that Tsarnaev stopped talking upon Bowler's entering the room and advising him of his right to remain silent. They allege she prevented the collection of valuable intelligence. Bowler's spokesman declined to comment, though a Boston U.S. Attorney's Office representative said there was nothing unusual about the judge's actions.^[17] Click here to read the full transcript of Tsarnaev's bedside hearing.

Dzokhar Tsarnaev was indicted on June 27, 2013, with Judge George O'Toole presiding, thus minimizing Judge Bowler's role.^[18]

Judge Bowler presided over the court appearances of Tsarnaev's friend, Robel Phillipos, accused of lying to investigators. On May 6, 2013, she ordered his release on $100,000 bond, on the conditions that he remain in his mother's home and wear an electronic monitoring bracelet. The federal prosecutors previously requested he remain detained until his trial, based on the assertion he was a flight risk, but changed their position after meeting and reaching an agreement with his lawyers.^[19][20]

Judge Bowler oversaw Phillipos's probable cause hearing on July 12, 2013.^[21] On March 6, 2014, she appointed Derege Demissie as a taxpayer-funded lawyer to represent Phillipos, even though he had already hired Demissie. The appointment was made on a "procedural basis," as Phillipos was too indigent to pay Demissie.^[22]

After nearly two decades spent in hiding, James Joseph "Whitey" Bulger, Jr., the 83-year-old former boss of the Boston mob, was charged in a 32-count indictment including racketeering, money laundering, and murder.^[23] Before the case was presented to a jury, Bulger attempted to present an immunity defense to Judge Denise Casper of the U.S. District Court for the District of Massachusetts, claiming that the late federal prosecutor Jeremiah T. O’Sullivan verbally promised him lifetime immunity for all of his crimes, including murder.^[24] Casper, who was described as “cool, calm, and collected,” rejected Bulger's defense in a 31-page ruling.^[25][26]

Bulger's federal trial before Judge Casper began on June 12, 2013, with the prosecution led by the office of Carmen Ortiz, U.S. Attorney for the District of Massachusetts. After deliberating for about five days, a jury found Bulger guilty of 31 of the charges lodged against him, including two racketeering charges, one extortion charge, 23 money laundering charges, and five weapons charges. Bulger was also found to have been complicit in 11 murders.^[27][28][29] Through June 2013, Bulger's defense cost more than $2.6 million.^[30]

Sentencing: In November 2013, Bulger was sentenced to two life terms plus five years in prison, the amount requested by the prosecution.^[31] During the sentencing, Judge Capser said:

Mark Wolf granted inmate Michelle Kosilek a state-funded gender re-assignment surgery. Wolf wrote in his ruling on September 4, 2012 that "there is no less intrusive means to correct the prolonged violation of Kosilek's Eighth Amendment right to adequate medical care."^[34]

Kosilek sued in 2000 and again in 2005 on grounds the State of Massachusetts violated her constitutional rights. Attorneys for the Massachusetts Attorney General felt that the after-effects of the surgery could cause security problems. They said that the surgery would make Kosilek a target for sexual assault in the all-male prison. Wolf noted that the Department of Correction's medical officers testified that the surgery was the only adequate treatment.^[35][34]

Kosilek was born a man, but has taken hormone treatments and lives as a woman. Formerly known as Robert, she was convicted of murdering Cheryl Kosilek, her wife, in 1990. She is serving a life term.^[34]

On December 19, 2012, Judge Wolf ruled that more than $700,000 were due in attorney's fees for Kosilek.^[36]

In his December 19th ruling, Wolf noted that Kosilek’s legal team had offered to forgo legal fees, if the Department of Corrections dropped its appeal and moved forward with Kosilek’s gender re-assignment surgery.^[36]

Wolf was critical of the Department of Corrections in his ruling from the bench, saying, “The repeated violation of constitutional rights of prisoners…costs taxpayers money that is needed for other purposes.”^[36]

In 2014, the United States Court of Appeals for the First Circuit ruled against Kosilek. In 2015, the United States Supreme Court chose not to hear an appeal in the case, upholding the lower court's ruling.^[37][38]

Former Massaschusetts House of Representatives Speaker Salvatore DiMasi (D) was convicted on corruption charges in June 2011. He was found guilty of seven of nine charges, including conspiracy, mail fraud, wire fraud, and extortion.^[39] He was sentenced to eight years in prison as a result of the conviction.^[40]

In August 2012, DiMasi's attorneys filed an appeal of the conviction, stating that the prosecution did not prove that DiMasi "knowingly" accepted bribes.^[41]

On April 28, 2010, Judge Woodlock threw out a class-action lawsuit filed by the Mississippi Public Employees' Retirement System against Boston Scientific. The judge found that the State of Mississippi failed to prove beyond a reasonable doubt that the Taxus Express medical device recall was concealed by the manufacturer. Boston Scientific recalled the product after there were serious injuries and deaths related to the Taxus Express device.^[42]

On December 11, 2009, Judge Young ruled in favor of the Boston Taxi Owners Association who sued the City of Boston over a new policy requiring taxi owners to switch to hybrids by 2015.

The taxi owners sued on claims that they were bullied by the Boston Police's Hackney Carriage unit to buy the new hybrids. The judge found in his ruling that the new rules instituted by the Boston Police were in violation of the Energy Policy and Conservation Act of 1975.^[43]

Judge Tauro on August 19, 2009, became only the second judge to invoke The Adam Walsh Act of 2006 which allows judges to indefinitely hold child sexual exploitation offenders in jail if deemed a public danger.^[44]

The judge found Wayne Hunt of New York a danger after a five-day proceeding that found the repeat offender to still be a public danger despite serving multiple prison sentences for sexual offenses.^[44]

Judge Tauro on November 16, 2009 dismissed a case against television personality Elizabeth Hasselbeck on charges of plagiarism. Hasselbeck was accused of taking content from a book on Celiac Disease written by Susan Hassett that Hasselbeck used in her book. The judge dismissed the case after the plantiff's attorneys felt they did not have enough evidence to continue their pursuit of the case.^[45]

In 2009, Judge Gertner cleared former Massachusetts Governor Mitt Romney in a wrongful termination case in which the former Chairman of the Massachusetts Civil Service Commission sued the former Governor. The judge ruled in favor of the former Governor saying that William Monahan, the former Civil Service Commission chairman, voluntarily resigned and forfeited his right to due process in his actions. This came after Romney testified in a hearing that an aide approached Monahan to resign but offered him to help find another job.^[46]

Judge Gertner presided in a highly publicized civil trial in which a Massachusetts college student was sued for illegal music downloading.^[47]

Capital Records sued Joel Tannenbaum over illegally downloading music on Kazaa, a music sharing program.^[47] Tannenbaum was represented by Harvard Law professor Charles Nesson, who was critical of the major record companies unfairly targeting young people in lawsuits.^[47]

On December 7, 2009, Judge Gertner signed off on a $675,000 jury verdict after a jury found Tannenbaum liable for illegal downloading.^[48]

On July 20, 2009, Judge Woodlock ruled that the National Oceanic and Atmospheric Administration cannot shut down a fish seller with cases pending in court.^[49]

NOAA wanted to impose a shutdown penalty on the Gloucester Seafood Display Auction over three different allegations of fishery law violations. Attorneys for NOAA argued for immediate action over issues of timing and public perception. However, the judge ruled that NOAA's actions preceded the judicial process and ordered an injunction until further notice.^[49]

Chief Judge: Dennis Saylor   •  Nathaniel Gorton  •  Richard Stearns  •  Patti Saris  •  Leo Sorokin  •  Timothy Hillman  •  Denise Casper  •  Angel Kelley  •  Mark G. Mastroianni  •  Indira Talwani  •  Allison Dale Burroughs

Mark Wolf  •  Edward Harrington  •  Rya Zobel  •  William G. Young (Massachusetts)  •  Douglas Woodlock  •  George O'Toole  •  Michael Ponsor  •  

Joseph Tauro  •  Reginald Lindsay  •  Nancy Gertner  •  Levin Hicks Campbell  •  John A. Lowell  •  John Davis (District of Massachusetts)  •  Peleg Sprague  •  John Lowell (federal judge, 1865-1884)  •  Thomas Leverett Nelson  •  Francis Cabot Lowell  •  Frederic Dodge  •  James Madison Morton  •  Elisha Hume Brewster  •  James Arnold Lowell  •  Hugh Dean McLellan  •  George Clinton Sweeney  •  Francis Ford  •  David Sutherland Nelson  •  Bailey Aldrich  •  Andrew Caffrey  •  Frank Freedman  •  Wendell Garrity  •  Arthur Healey  •  Anthony Julian  •  Robert Keeton  •  David Mazzone  •  William T. McCarthy  •  John McNaught  •  Frank Murray  •  Walter Skinner  •  Charles Wyzanski  •  

Joseph Tauro  •  William G. Young (Massachusetts)  •  George Clinton Sweeney  •  Andrew Caffrey  •  Frank Freedman  •  Anthony Julian  •  Charles Wyzanski  •