Judge says he will pick location of Dzhokhar Tsarnaev's trial based on lawyers' papers

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FILE - This file photo released Friday, April 19, 2013 by the Federal Bureau of Investigation shows Boston Marathon bombing suspect Dzhokhar Tsarnaev. Lawyers for Tsarnaev are scheduled to be in federal court in Boston for a status hearing Thursday, Sept. 18, 2014. U.S. District Judge George O’Toole Jr. is expected to discuss pending motions, which include requests from the defense to move the trial outside Massachusetts and to delay the start of the trial by at least 10 months. Tsarnaev, 21, has pleaded not guilty in the 2013 attack that killed three people and injured more than 260. He could face the death penalty. (AP Photo/Federal Bureau of Investigation, File)


BOSTON — A judge has rejected a request from lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev (joh-HAHR' tsahr-NEYE'-ehv) to hold a hearing on whether to move the trial outside of Massachusetts.

Judge George O'Toole Jr. said Thursday that he will decide the defense's change of venue motion based on legal briefs already filed by Tsarnaev's lawyers and federal prosecutors.

Tsarnaev has pleaded not guilty in the 2013 attack that killed three people and injured more than 260. He could face the death penalty.

Prosecutors allege that Tsarnaev and his older brother, Tamerlan, detonated two pressure-cooker bombs near the marathon's finish line. Tamerlan Tsarnaev was killed during a shootout with police several days after the bombings.

Tsarnaev's trial is currently scheduled to begin in November. His attorneys have asked that it be delayed by at least 10 months.

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