Doug Stanglin, USA TODAY
USA TODAY - Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev will be in court Monday in Boston to discuss the timing and guidelines that federal prosecutors will use in deciding whether to seek the death penalty.
Tsarnaev, 20, will be tried on federal charges in connection with the April 15 bombings, which left 3 people dead and more than 200 injured. Massachusetts does not have a state death penalty.
He is also accused of killing a Massachusetts Institute of Technology police officer while on the run three days later.
Tsarnaev has pleaded not guilty to 30 counts of a federal indictment, including using a weapon of mass destruction resulting in death and 16 other charges that carry the possibility of the death penalty.
A decision on whether to seek capital punishment will be made by U.S. attorney General Eric Holder on the advice of the U.S. attorney in Boston.
Tsarnaev, who is being held at a federal prison medical center outside Boston, was not expected to appear in court.
Dzhokhar Tsarnaev and his 27-year-old brother Tamerlan were both accused of building and planting pressure cooker bombs near the finish line of the annual race.
The older Tsarnaev died during a shootout with police April18. The brothers were attempting to flee the city after their sketches were released as suspects by the FBI.
Tsarnaev escaped by car and was found wounded the next day huddled in a boat in the backyard of a home in Watertown, Mass.
Authorities say the brothers were inspired by al-Qaeda publications and that Dzhokhar Tsarnaev left a confession in the boat in which he tried to justify the bombings as payback for U.S. military action in Muslim countries.
He wrote that the U.S. government was "killing our innocent civilians."