In a simple sentence, federal prosecutors announced they would abide by an appeal court ruling and take another look to see if the Boston Marathon bomber deserves another death penalty trial.

“This letter is to inform the Court that the government will not be seeking panel rehearing or rehearing en banc
of the decision in this case,” the U.S. District Attorney’s office in Boston wrote to the U.S. Appeal Court.

This means Dzhokhar Tsarnaev may escape the electric chair or, more likely, a lethal injection.

As the Herald previously reported, the Boston-based 1st U.S. Circuit Court of Appeals states allegations of potential juror bias “requires further factfinding by the district court.” This does not change the death sentence, but does keep this case open yet again.

The appeals court states ” the district court’s investigation fell short of what was constitutionally required” over this one issue. If bias is shown, the court adds, Tsarnaev will be “entitled to a new penalty-phase proceeding.”

The alleged bias is over social media postings about the bombing made by two jurors in the death penalty phase of Tsarnaev’s case.

The court added: “And even then, we once again emphasize that the only question in any such proceeding will be whether Tsarnaev will face execution; regardless of the outcome, he will spend the rest of his life in prison.”

The U.S. Supreme Court has already reinstated the death sentence against Tsarnaev for planting and triggering the bombs on Boylston Street that killed three and maimed hundreds more.

The bombing killed Martin Richard, 8; Krystle Campbell, 29; and Lu Lingzi, 23. More than 260 people were injured. MIT Police Officer Sean Collier, 27, was shot execution-style days later by the Tsarnaevs.

Boston Police Officer Dennis Simmonds, 28, injured in the Watertown shootout in which Tamerlan Tsarnaev was killed, died in April 2014.

Tsarnaev is locked up in the Federal Correctional Complex Florence in Colorado — a Supermax called the “Alcatraz of the Rockies.”