Tsarnaev's new appeal

Also: The Sound Museum faces silence; what does Maura Healey mean for the MCAS? [Donate ❤️]( [View in Browser](  January 11, 2023 🌤️ Partly sunny, with a high near 36. Good Morning Boston, It's nice to see that Ben Affleck is [finally getting paid]( for [all the publicity]( he gives Dunkin'. Before you head out in search of other celebrities at your local drive-through, here's what to know today: - The legal battle over Dzhokhar Tsarnaev's future may not be over yet. Months after the Supreme Court [effectively reinstated the Boston Marathon bomber's death sentence]( Tsarnaev's lawyers are again pushing to spare the 29-year-old from execution. In a federal appeals court hearing Tuesday, they urged judges to toss his sentence over juror misconduct claims that weren't part of the Supreme Court case. - What was the misconduct? Tsarnaev's lawyers say two jurors lied about their knowledge of the high-profile case during questioning — and they argue the trial judge wrongly denied their move to exclude the two from the bench. Specifically, one juror said she hadn't posted about the case online, despite sharing a tweet calling Tsarnaev a “piece of garbage.” Another juror was urged by a Facebook friend to get on the jury to ensure Tsarnaev was convicted, but denied it ever happened before the trial. - Expert's view: Retired federal judge Nancy Gertner told WBUR's Amy Sokolow that Tsarnaev's lawyers have a "very good" case. "The system doesn't work if people are not candid with the court," Gertner said, noting that "a key in this case was the judge could have done something about it." While she said it's becoming harder to ask jurors to tune out all outside media in a social media world, Gertner added, "at least you want the jurors to try." - What's next: Several judges appeared sympathetic to the Tsarnaev team's argument on Tuesday. President Joe Biden has also [put a pause on federal executions]( so Tsarneav doesn't immediately face the death penalty, however this current appeal plays out. - What does Gov. Maura Healey means for the MCAS? State House News Service reports that Democratic control of the governorship and Legislature could spell the end of the 30-year-old exam as a high school graduation requirement. - For the last eight years, Gov. Charlie Baker's administration has stood behind the MCAS and, controversially, [voted to raise the minimum scores]( needed to graduate last year. - However, the state's largest teacher's union and other education advocates have long opposed the MCAS, which they say is "punitive" and leads to "teaching to the test." Healey and other top Democrats have floated alternative assessments — like [the MCEIA]( — aimed at advancing both "excellence and equity." - Zoom out: [As of last year]( Massachusetts was one of only 11 states still using a test as a high school graduation requirement. - Today in rankings-you-don't-want-to-top: Boston is now back up [at No. 2 in the country]( for the worst traffic congestion, according to INRIX's 2022 global traffic scorecard. The company estimates that Boston drivers lost an average of 134 hours in traffic last year — which they say comes at a cost of $2,270 per driver. - The big picture: Across the country, the report found [traffic got worse in 2022]( thanks to millions of Americans returning to the office — primarily via car rather than public transit. - Boston Calling is back, announcing a 2023 lineup heavy with radio-friendly Xennial and Millennial bands. The three-day festival is set to return Memorial Day weekend at the Harvard Athletic Complex. WBUR's [Andrea Shea has more details]( but here are your headliners: - Friday, May 26: Foo Fighters will expect the [best of you]( as they top the ticket for the first day of the fest. Alt-punk legends Yeah Yeah Yeahs will also share the main stage on day one. - Saturday, May 27: [Hey! Ho!]( That's The Lumineers topping the bill on day two. [You oughta know]( Alanis Morisette will be on the main stage Saturday, too. - Sunday, May 28: I hope you're still into Paramore, because they're [still into you]( will prove it on day three of Boston Calling. The other headliner for the festival's final day is Queens of the Stone Age, whom everyone knows for [No One Knows](. - Those groups aren't the only notable names. You can [read the full lineup on the Boston Calling website](. P.S.— Mark your calendars. We're officially two weeks away from WBUR City Space's [winter events schedule]( kicking into high gear. The slate includes big names from The New Yorker, NPR and CNN; chefs and musicians; and a special performance by one of WBUR's own. [Click here]( to get your tickets before they sell out. Nik DeCosta-Klipa Editor, Newsletters [Follow](  Support the news  The Rundown [Sound Museum owners cry foul as their tenants likely secure new spaces without them]( A new plan will make rehearsal spaces available in Dorchester for musicians who must vacate the Sound Museum at the end of this month. But the evolving saga has raised questions about whether the city could have done more to preserve a major local music business. [Read more.]( [Sound Museum owners cry foul as their tenants likely secure new spaces without them]( A new plan will make rehearsal spaces available in Dorchester for musicians who must vacate the Sound Museum at the end of this month. But the evolving saga has raised questions about whether the city could have done more to preserve a major local music business. [Read more.]( [Americans are piling up credit card debt — and it could prove very costly]( More Americans are leaning on their credit cards to cope with rising prices. And as interest rates continue to climb, that debt is getting more and more expensive. [Read more.]( [Americans are piling up credit card debt — and it could prove very costly]( More Americans are leaning on their credit cards to cope with rising prices. And as interest rates continue to climb, that debt is getting more and more expensive. [Read more.]( [Police inspecting trash for clues in Cohasset woman's disappearance]( Ana Walshe, a mother of three, was last seen on New Year's Day at her home in Cohasset. [Read more.]( [Police inspecting trash for clues in Cohasset woman's disappearance]( Ana Walshe, a mother of three, was last seen on New Year's Day at her home in Cohasset. [Read more.]( [Extreme weather, fueled by climate change, cost the U.S. $165 billion in 2022]( The U.S. endured 18 separate billion-dollar disasters in 2022, highlighting the growing damages of human-caused climate change. [Read more.]( [Extreme weather, fueled by climate change, cost the U.S. $165 billion in 2022]( The U.S. endured 18 separate billion-dollar disasters in 2022, highlighting the growing damages of human-caused climate change. [Read more.]( [How Damar Hamlin's collapse fueled anti-vaccine conspiracy theories]( In the absence of information about why the Buffalo Bills player collapsed during a game, misleading claims about COVID vaccines quickly spread online. [Read more.]( [How Damar Hamlin's collapse fueled anti-vaccine conspiracy theories]( In the absence of information about why the Buffalo Bills player collapsed during a game, misleading claims about COVID vaccines quickly spread online. [Read more.]( Anything Else? - Did you stay up for last night's Golden Globes? Here's [the full list of winners](. As for the show itself, NPR's Eric Deggans [writes]( that the ceremony was an uneven hodgepodge of expected winners, head-scratchers and one bitingly good Eddie Murphy joke. - Next in our winter arts guide: We're playing the classics. From opera to orchestras, classical music critic Lloyd Schwartz has [a rundown of the most warming musical events of this cold Boston winter](. - For the first Read-In of 2023, WBUR arts and culture fellow Lauren Williams [rounds up a few books recommendations]( focused on the passage of time, memories and self-reflection. - Arianne Chernock [makes the case in this Cognoscenti essay]( for why we — yes, even Americans — should care about the British royals and their scandals, following [the release of Prince Harry's new memoir](.  What We're Reading 📚 - We drove around New England looking for EV chargers (and the best doughnuts). It was easier than we expected. ([The Boston Globe]( - A Korean War Wall of Remembrance Set Hundreds of Errors in Stone ([The New York Times]( - In Remembrance of a Beloved and Very Online Journalist ([Politico](  Tell Me Something Good [Cat attempts to enter Attleboro mayor's race (The Sun Chronicle)]( Spooky, a cat with an eye toward solving the city’s rat problem, attempted to enter the race for the mayor’s office on Friday — only to be rejected because he isn’t a registered voter. [Read more.]( [Cat attempts to enter Attleboro mayor's race (The Sun Chronicle)]( Spooky, a cat with an eye toward solving the city’s rat problem, attempted to enter the race for the mayor’s office on Friday — only to be rejected because he isn’t a registered voter. [Read more.]( Listen: The Common talks to WBUR's Amelia Mason about [what the Sound Museum's looming demise means for the local music scene](. Before you go: [“The foliage is pretty dope, though.”]( 😎 Forward to a friend. 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