Marathon suspect asks for surveillance records

FILE - This file photo provided Friday, April 19, 2013 by the Federal Bureau of Investigation shows Boston Marathon bombing suspect Dzhokhar Tsarnaev, charged with using a weapon of mass destruction in the bombings on April 15, 2013 near the finish line of the Boston Marathon. On Thursday, Jan. 30, 2014, U.S. Attorney General Eric Holder authorized the government to seek the death penalty in the case against Tsarnaev. (AP Photo/Federal Bureau of Investigation, File)
FILE - This file photo provided Friday, April 19, 2013 by the Federal Bureau of Investigation shows Boston Marathon bombing suspect Dzhokhar Tsarnaev, charged with using a weapon of mass destruction in the bombings on April 15, 2013 near the finish line of the Boston Marathon. On Thursday, Jan. 30, 2014, U.S. Attorney General Eric Holder authorized the government to seek the death penalty in the case against Tsarnaev. (AP Photo/Federal Bureau of Investigation, File)

BOSTON (AP) — Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev have asked a judge to order prosecutors to disclose whether they plan to use evidence obtained through secret surveillance.

The government has acknowledged the communications of Tsarnaev’s older brother and fellow bombing suspect were monitored by government agents during 2011 and possibly 2012. The defense argues in a motion filed Friday any surveillance evidence showing brother Tamerlan (TAM’-ehr-luhn) Tsarnaev’s pursuit of Islamic holy war predated Dzhokhar’s would tend to support the defense theory Tamerlan was the “main instigator” of the marathon attack.

Dzhokhar Tsarnaev’s lawyers want a judge to order prosecutors to turn over any evidence collected under the Foreign Intelligence Surveillance Act.

Twin explosions at last April’s marathon killed three people. Tamerlan Tsarnaev died in a shootout with police.

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