Former prosecutor discusses charges in Boston bombing

Former prosecutor discusses charges in Boston bombing

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The surviving suspect in the deadly bombings at the Boston Marathon faces federal criminal charges that could bring the death penalty.

Questions have been raised as to whether Dzhokhar Tsarnaev, 19, who was charged in his hospital room in Boston with using a weapon of mass destruction to kill, should be tried as an enemy combatant.

"Whether or not a US citizen can be held as an enemy combatant is kind of a murky area. "The best they can hope for is they can start looking at some mitigating circumstances so he doesn't face the death penalty. The best thing he can do is to keep talking and keep cooperating and keep providing intelligence," said Gilberston.

Tsarnaev communicated with his interrogators in writing, a less-than-ideal format that precluded the type of detailed back-and-forth crucial to establishing the facts, said one of two officials who recounted the questioning, reported the Associated Press.

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