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Feds to advise on death penalty in marathon attack

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FILE - This file photo by the Federal Bureau of Investigation shows Dzhokhar Tsarnaev, the surviving suspect in the Boston Marathon bombings who is accused in two bombings that killed three people and injured more than 260 others near the finish line of the April 15 marathon. Lawyers for Tsarnaev are headed to court Tuesday, Nov. 12, 2013 to ask a judge to ease restrictions placed on him in prison as he awaits trial. (AP Photo/Federal Bureau of Investigation, File)

BOSTON (AP) — Prosecutors plan to make their recommendation this week on whether they believe Boston Marathon bombing suspect Dzhokhar Tsarnaev (joh-HAHR' tsahr-NEYE'-ehv) should face the death penalty if convicted in the deadly attack.

In court Tuesday, prosecutors said they are in the process of completing their written proposal to U.S. Attorney General Eric Holder. He will make the ultimate decision on whether to seek the death penalty against the 20-year-old Tsarnaev.

Tsarnaev's lawyers also complained that prosecutors are withholding evidence they need to defend him against the death penalty, including information on a 2011 triple slaying in Waltham in which Tsarnaev's brother, Tamerlan, is a suspect. Tamerlan Tsarnaev, also suspected in the marathon bombing, died following a shootout with police several days later.

The judge did not immediately rule on the request to order prosecutors to turn over evidence.

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