Later this week, prosecutors will decide whether or not to pursue the death penalty against Boston Marathon bombing suspect Dzhokhar Tsarnaev.
In a U.S. district court on Tuesday, prosecutors announced that they are in the process of completing their written proposal to U.S. Attorney General Eric Holder, who will make the final decision about seeking the death penalty against the 20-year-old accused terrorist, reports the Washington Post.
While in the Boston court, Tsarnaev's lawyers complained that prosecutors are withholding evidence they need to defend him against a capitol punishment sentence. That includes information about a triple homicide that took place in 2001 in which Tsarnaev's brother, Tamerlan, is a suspect. Tamerlan Tsarnaev, also suspected in the marathon bombing, died during a police shootout on April 18.
According to the Cambridge Chronicle, the American Civil Liberties Union of Massachusetts filed an "amicus curiae" or "friendly brief" on Nov. 6 backing the defense. In the motion, the ACLU argued that the restrictions are unconstitutional.
On the other hand, prosecutors argue that the measures are necessary to prevent Tsarnaev from inciting others to plot terrorist acts agains the U.S. In a motion filed Oct. 21, prosecutors noted Tsarnaev's worldwide notoriety, an allegation that he reportedly smashed his cellphone to avoid capture, and the note he reportedly scrawled on the inside of a Watertown boat before his arrest, which they say encourages others to join terrorist groups.
The judge has yet to rule on the request to order prosecutors to turn over evidence.
The 20-year-old suspected terrorist is accused of planting two homemade bombs at the finish line of the Boston Marathon that killed three people and wounded 260 others on April 15. He was found hiding in a boat on April 19 in Watertown following a statewide manhunt and shootout with police that left his brother and suspected accomplice, Tamerlan Tsarnaev, 26, dead.
Tsarnaev has pleaded not guilty to 30 counts of a federal indictment, including using a weapon of mass destruction resulting in death and 16 other charges that carry the possibility of capital punishment, reports USA Today.