In court Tuesday, prosecutors said they are in the process of completing their written proposal to U.S. Attorney 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.