The defense team for alleged Marathon bomber Dzhokhar Tsarnaev is hoping to use the sentimental actions of one local, amateur marathoner to convince Judge George O’Toole that Tsarnaev will not receive a fair and impartial trial here in Boston.

On Friday, Jan. 30, the defense filed a response to the U.S. Government’s opposition to their third attempt at relocating the trial out of the Hub. Along with redacting some of the data gathered that suggests most potential jurors have already determined that Tsarnaev is guilty, the defense contends that the highly publicized case of a man shoveling out the Boston Marathon finish line during Winter Storm Juno further supports their claim.

The response states “an event occurring within the past few days aptly symbolizes the unprecedented level of public feeling that still surrounds the Boston Marathon bombing, and that underlies the difficulties that have beset the jury selection process so far.”

On Jan. 28, social media was sent into a frenzy to discover the identity of the man photographed shoveling out the Marathon finish line. It wasn’t long before the hashtag #whoshoveledthefinishline began trending on Twitter and Chris Laudani was identified.

“I only did it to send a message,” he told Boston magazine.”I love the Boston Marathon and everything it stands for, the finish line doesn’t deserve to be covered in snow.”

“All major Boston media outlets reported” on the mysterious act, the response stated further, and “such stories, and the widespread reaction to them, underscore the impossible task of unmasking juror bias in the very community where ‘everyone owns the Marathon.'”

Judge O’Toole has yet to make a ruling on the motion to relocate, though it was about a month after the second motion to relocate was filed that he denied the attempt.

The legal proceedings and voir dire have fallen behind schedule due to to the amount and nature of questions posed to potential jurors and the weather. Jury selection was postponed for the second time due to weather and will not take place on Monday. It is slated to resume Tuesday.