BOSTON – A judge approved a request Monday by Boston Marathon bombing suspect Dzhokhar Tsarnaev's defense attorneys to receive records compiled on him in federal prison.
U.S. Magistrate Judge Marianne Bowler said in her order that prison officials should give attorneys the daily activity logs, suicide watch logs, psychology data files, photographs, commissary files they requested, and other records.
The judge said prosecutors also are entitled to the records, turning down a defense request that the records not be provided to the government until the defense had a chance to file objections to a judge. She also found no reason to keep private the defense's sealed request.
Bowler ruled Friday that defense lawyers couldn't take their own photos of Tsaraev in prison, but said prison officials could take photos of Tsarnaev with his lawyers present. Those also would be shared with prosecutors.
She said that defense lawyers contended Tsarnaev's "injuries over time" could provide evidence of his "evolving mental and physical state" and whether his statements were voluntary.
Also Monday, prosecutors and defense attorneys filed a joint motion to delay a May 30 probable cause hearing at least until July 2, saying they need more time to obtain and review evidence. They also cited the complex legal issues in the case. Federal prosecutors had said Friday they would ask for more time to indict Tsarnaev than the 30-day period prescribed under the Federal Speedy Trial Act.
Tsarnaev is accused of carrying out the April 15 attack with his brother Tamerlan, who died days later in a shootout with police. The bombings killed three people and injured more than 260.
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