Court: Marathon Bombing Trial Will Stay in Boston Though dissenting judge thinks it's 'absurd' By John Johnson, Newser Staff Posted Feb 28, 2015 6:06 AM CST 6 comments Comments In this Jan. 5, 2015, courtroom sketch, Boston Marathon bombing suspect Dzhokhar Tsarnaev is depicted beside U.S. District Judge George O'Toole Jr. (AP Photo/Jane Flavell Collins, File) (Newser) – Bostonians will decide the fate of Dzhokhar Tsarnaev, an appeals court ruled yesterday. The three-judge panel rejected a defense request to change the venue on the grounds that the alleged marathon bomber couldn't get a fair trial there, reports the Boston Globe. “Every potential juror in the Eastern Division of Massachusetts is automatically disqualified, he maintains," the ruling states. "That alone is a remarkable assumption about the five million people in the Eastern Division and one much to be doubted.” One of the three judges dissented, calling it "absurd" to think that a fair trial is possible in Boston. "If a change of venue is not required in a case like this, I cannot imagine a case where it would be." Meanwhile, jury selection continues, with Judge George O'Toole Jr. having picked 61 potential jurors so far, reports Yahoo News. Once he gets to a pool of 70, attorneys for both sides will whittle it down to 12 jurors and six alternates, and opening arguments will get underway.