Tsarnaev lawyers want prison restrictions lifted as violate his right to free speech
The US Department of Justice in August imposed special limits on Tsarnaev barring him from speaking with other inmates or the outside world except in specific circumstances directly related to his defense, as a way to keep him from inciting or triggering other attacks.
Tsarnaev's lawyers said in a motion filed in US District Court in Boston that they did not believe there was enough evidence showing that his communications are dangerous, adding that the restrictions - known as SAMs or Special Administrative Measures - were "unnecessarily harsh and isolating."
"In the absence of a showing that there is a reasonable necessity for particular SAMs that impose harsh conditions of confinement, they are unlawful and should be vacated," according to the motion.
Dzhokhar Tsarnaev and his brother Tamerlan are believed to have detonated two pressure cooker bombs at the finish line of the Boston Marathon on April 15, killing three people and injuring scores of others. Both were ethnic Chechens whom prosecutors claim were inspired by al-Qaeda.
Dzhokar Tsarnaev was arrested days later after a manhunt through Boston and has been in prison awaiting trial. Tamerlan was killed in a shootout with police during the chase.
Dzhokhar Tsarnaev's lawyers last week also asked for more time to make their case that the 20-year-old should be spared the possibility of execution if convicted of the attack.
Tsarnaev has pleaded not guilty to all charges.
Attorneys for Boston Marathon bombing suspect Dzhokhar Tsarnaev appealed to a judge on Monday to grant them more time to mount a defense against the death penalty.
They argued in federal court that prosecutors haven’t provided them with key information they need to submit a proper claim against the death penalty, The Associated Press reported. The report didn’t detail what evidence Tsarnaev’s attorneys have yet to receive, except to say that it was relevant to the argument that the suspect doesn’t deserve to be put to death.
In response, one prosecutor told the judge that it’s been six months since the April 15 bombing attack — more than a “reasonable” amount of time to launch such a defense.
Prosecutors right now are set to make their recommendation — whether or not to go for the death penalty — to Attorney General Eric H. Holder Jr. by Oct. 31. Mr. Holder will make the final determination.
Three people were killed in the terrorist attack in Boston. More than 260 were injured, including several who lost limbs.
Three friends of Boston Marathon bombing suspect Dzhokhar Tsarnaev will be arraigned on Friday on charges of lying to investigators and conspiring to obstruct justice.
Dias Kadyrbayev and Azamat Tazhayakov, both 19-year-olds from Kazakhstan, had previously pleaded not guilty to charges of impeding the investigation into the April 15 attack that left three dead and scores injured.
The latest arraignment comes from a superceding indictment which combines the two men's case with that of Robel Philippos, 19, another college friend of Tsarnaev's.
Kadyrbayev and Tazhayakov face up to 20 years in prison and the prospect of deportation from the United States if convicted. Phillipos faces up to 16 years in jail if he is found guilty.
In the wake of the Boston Marathon blasts, police carried out a massive manhunt for Tamerlan and Dzhokhar Tsarnaev, who allegedly planted two pressure-cooker bombs near the finish line.
The indictment alleges that after the FBI released photographs of the suspects, Dzhokhar Tsarnaev sent Kadyrbayev a text message suggesting that he go to Tsarnaev's "room and take what's there."
The three young men then went to Tsarnaev's dormitory room and removed a laptop and a backpack containing fireworks and other items, prosecutors allege.
Later that night Kadyrbayev is accused of putting the backpack in a garbage bag and placing it in a dumpster outside their apartment.
During later questioning, Phillipos hid these events from police and "in so doing, he made numerous false and misleading statements to the agents," according to the indictment.
Tamerlan Tsarnaev was killed during a shootout with police, while his younger brother - who has pleaded not guilty to 30 counts, 17 of which are punishable by death - was later arrested, wounded and hiding inside a small boat in a nearby backyard.
On Thursday, the parents of Tamerlan's wife Katherine Russell, appeared before a grand jury to answer questions about the attack, local media reported.
Voice of Russia, AFP, Washington Post, Reuters