Tsarnaev wants access to records in triple slaying

Tsarnaev wants access to records in triple slaying

Credit: AP

FILE - This file photo provided Friday, April 19, 2013 by the Federal Bureau of Investigation shows Boston Marathon bombing suspect Dzhokhar Tsarnaev. If the Obama administration seeks the death penalty against Boston Marathon bombing suspect Dzhokhar Tsarnaev, it would face a long, difficult legal battle with uncertain prospects for success in a state that hasn�t seen an execution in nearly 70 years. Attorney General Eric Holder will have to decide several months before the start of any trial whether to seek death for Tsarnaev. It is the highest-profile death-penalty decision yet to come before Holder, who personally opposes the death penalty. (AP Photo/Federal Bureau of Investigation, File)

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by Associated Press

kvue.com

Posted on October 23, 2013 at 12:58 PM

Updated Wednesday, Oct 23 at 12:58 PM

BOSTON (AP) -- The surviving Boston Marathon bombing suspect, who faces a potential death penalty, is fighting to get access to investigative records that implicate his dead brother in a triple slaying in 2011.

In a filing this week in federal court, prosecutors say they have alerted Dzhokhar Tsarnaev that a friend alleges that Tsarnaev's older brother, Tamerlan, participated in the killings.

The friend, Ibragim Todashev, was shot to death later in Florida while being questioned by authorities.

The younger Tsarnaev's lawyers have argued that evidence about his brother's involvement in the triple killings provides "mitigating information" that is critical to his defense.

But prosecutors argue it is an ongoing investigation that could be harmed by such a disclosure.

The Middlesex district attorney's office would not comment on the filing.

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