BOSTON — U.S. prosecutors are seeking more time to indict Boston Marathon bombing suspect Dzhokhar Tsarnaev.
Prosecutors said they will not indict Tsarnaev within the 30-day period prescribed by the Federal Speedy Trial Act. Sunday marked 30 days since the ethnic Chechen was arrested following the April 15 bombings that killed three people and injured more than 260.
Prosecutors didn't specify under which exception they were seeking an extension, but those available to prosecutors include delays related to the defendant's physical capacity. Tsarnaev remains in a prison hospital after being badly wounded in a gun battle with police before his arrest. His brother, Tamerlan, died after the gun battle.
On Friday, a judge denied a request from Tsarnaev's attorneys that they be allowed to take periodic photos of the 19-year-old to document "his evolving mental and physical state" and to ascertain whether his statements to authorities after his arrest were made voluntarily.
Tsarnaev's lawyers could be trying to argue that statements he made to authorities after his arrest on April 19 were not voluntary because of his poor physical condition. Defense attorney Miriam Conrad declined to comment.
Tsarnaev is charged with using a weapon of mass destruction in the bombings. He could face the death penalty if convicted.
The judge found Tsarnaev's lawyers could not take their own photos, saying the prison where Tsarnaev is housed has a policy against visitors bringing cameras. The U.S. Bureau of Prisons could take photos of Tsarnaev with his lawyers present, but those pictures would have to be shared with prosecutors, the judge said.
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