By Selena Hill (staff@latinospost.com) | First Posted: Sep 24, 2013 09:42 AM EDT

The defense team representing Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a U.S. District Court judge to order federal prosecutors to give them more time to make their case against the death penalty.

In court Monday, Tsarnaev's lawyers said they have not received key evidence from prosecutors yet and have not had enough time to submit a proposal arguing that Tsarnaev does not deserve the death penalty.

However, Judge George A. O'Toole Jr. gave no indication if he would, or if he even has the authority to extend the Oct. 31 deadline, and told lawyers from both sides to continue to share evidence in the case, reports the Boston Globe.

Prosecutors argued it's been almost six months since the marathon bombing, which they called a "reasonable" amount of time for the defense to make its case. The prosecution plans to make its recommendation to U.S. Attorney General Eric Holder by Oct. 31. Holder will have the ultimate say on whether to seek the death penalty.

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, Mass., 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.

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