Feds seek to prevent Boston bomber Tsarnaev seeing gory photos of marathon victims during trial
- Federal prosecutors don't want Dzhokhar Tsarnaev to see any photos of his victims bar the one that will be used during his trial
- They say Tsarnaev viewing their mutilated bodies would 'violate victims' right to dignity'
- Prosecutors don't want to restrict Tsarnaev from seeing any photographs
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Federal prosecutors asked a judge Monday to bar Boston Marathon bombing suspect Dzhokhar Tsarnaev from seeing some of the gruesome autopsy photos of the three people killed in the attack.
In a court filing, prosecutors said Tsarnaev should only be allowed to look at autopsy photos that will be used during his trial and sentencing. They said he should not be allowed to see the many other photos that will not be used against him in court.
'Allowing photos of the mutilated bodies of the victims to be viewed by the man accused of mutilating them would needlessly revictimize the family members in the same way that innocent children who are photographed pornographically are revictimized whenever those photos are seen by others,' prosecutors wrote.
Violating victims' rights: Dzhokhar Tsarnaev (left) is accused of the Boston bombings, which killed third-grader Martin Richard (right) and injured his mother and sister
Miriam Conrad, one of Tsarnaev's lawyers, declined to comment on the request.
In their motion, prosecutors say they told the defense that if Tsarnaev were allowed to view all the photographs, the government would continue to make them available for lawyers' review but would not provide copies. They said Tsarnaev's lawyers 'refused to accept any limitation on Tsarnaev's ability to view the autopsy photos and repeated their demand for copies of all of them.'
Tsarnaev, 19, has pleaded not guilty to 30 federal charges, including the use of a weapon of mass destruction. More than half the charges carry a possible death sentence.
Prosecutors allege that he and his brother, Tamerlan Tsarnaev, built two pressure cooker bombs and placed them near the finish line of last year's marathon. Twin explosions killed two women and an eight-year-old boy and injured more than 260.
Victims: Also killed were Lingzi Lu, a 23-year-old Boston University student from China, and Krystle Campbell, a 29-year-old from Arlington
Tamerlan Tsarnaev died following a shootout with police several days after the April 15 marathon.
Dzhokhar Tsarnaev is being held in a federal prison as he awaits a trial scheduled to begin in November.
In their motion, prosecutors ask to limit Tsarnaev's access to autopsy photos of the three bombing victims and MIT police Officer Sean Collier, who prosecutors allege was killed by the Tsarnaev brothers on April 18 as they fled.
Suffolk University Law School professor Christopher Dearborn said he believes it will be difficult to persuade a judge to restrict Tsarnaev's access to the autopsy photos, especially because he could be sentenced to death.
'The problem here is if there's any possibility that there's something in those photos that could be helpful or potentially helpful to him in a trial or in sentencing, he has to be allowed access to them,' Dearborn said.
'What they are really trying to do is make a strong statement on behalf of the victims' families, and they have a right to do that. I just don't think that right can trump the constitutional rights of the defendant.'
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MissHilly, California - United States, 46 minutes ago
He is a monster, except that gives monsters a bad name... he is proud of what he has done. He wants to see the families suffer again in court. He wants to gloat... what he needs is to be put in general population at San Quentin. They'd get him to cry.