After being sentenced to death in June, defense attorneys for Boston Marathon bomber Dzhokhar Tsarnaev filed appeal on Monday, citing "continuous and unrelenting publicity" about the tragedy, himself and his family members, NBC News reported.
"Put simply, prejudicial media coverage, events, and environment saturated greater Boston, including the social networks of actual trial jurors, and made it an improper venue for the trial of this case," the court papers say.
According to the appeal, numerous bloodcurdling stories of those who survived the marathon blasts were widely spread via social media. This made it impossible for the defendant to get a fair trial.
Tsarnaev's lawyers also claimed that the death penalty is unconstitutional, citing a recent dissent by U.S. Supreme Court Justice Stephen Breyer.
"[The death penalty] now likely constitutes a legally prohibited cruel and unusual punishment." Breyer said.
The defense asked for a change of venue several times before the trial began, but the judge rejected requests.
Tsarnaev was convicted on all 30 charges for his role in carrying out the Boston Marathon bombing on April 15, 2013. The blasts killed three people and wounded over 260. He was moved to a high-security prison in Colorado last month to await execution.