Tsarnaev lawyers try to get death penalty dismissed - 7News Boston WHDH-TV

Tsarnaev lawyers try to get death penalty dismissed

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Lawyers for the accused Boston Marathon bomber are asking a judge to take the death penalty off the table.

In this new filing attorneys for Dzhokhar Tsarnaev say if they can prove that a grand jury was given flawed instructions by prosecutors then the death penalty should be eliminated.

Lawyers say they need to be sure that the grand jury was aware that Tsarnaev could get the death penalty if he was indicted.

They want the transcripts of the grand jury instructions to be released.

Lawyers also say that the death penalty shouldn't be an option because capital punishment is banned in Massachusetts.

Three people were killed last year when bombs went off at the marathon finish line.

Tsarnaev is being held at Fort Devens while he awaits trial.

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